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f'.T'v 




f) 



ANCIENT LAWS OF IRELAND. 



•01M zeczwscco 



AXD 



CERTAIN OTHER SELECTED 



BEEHON LAW TEAOTS 



rUBUSMBD U^TDBR THB DimBCTIO!* OV TRR rOMMIIMlOVRRH rOR PL'BURHlNO THI ANClBNT 

LAWR ASD iNarmjTR» or irslano. 



VOL. IV. 



DUBLIN: 

PRINTED FOB HBR MAJESTT's STATIONEBT OFPICE : 

PUBLIAHED BT 

A. THOM k CO., 87, 88, & 89, ABBET-STREET; 

H0D6ES, FOSTER, & CO., 104, GRAFTON-STREET. 

LONDON: 

LONGMANS & 00. ; TRÚBNER & CO. 

OXFORD: PARKER&CO. CA>IBRIDGE: MACMILLAX & CO. 

EDINBURGU: A. & C. BLACR, AND D0UGLA8 & FOULIS. 



1879. 



i^dVe Ten >^lúUtiiUs. 



II 






0. 






•■ ■' i ) V 



V 



^^: 



tRS\" 



H 



^^ 0-\^\g 




27, UpPER PEMBaOHE-STBEBT, 

DoBLiN, l«í Stptevibf.r, 1879. 

My Lohd, 

Having been requested by the Com- 
miesioners for publishing the Ancient Laws and 
Institutions of Ireland to edit such of the Brehon 
Law Tracts translated by the late Dr. O'Donovau 
or Jlr. 0'Curry as might be moat suitable for pub- 
licatton, the Rev. Dr. T. 0'Mahony and m^self 
proceeded to prepare for tbe presa the text aod 
tranalation of the several Brehon Law Tracts con- 
tained in this volume. 

The Rev. Dr. T. 0'Mahony, in consequence of iU- 
health, -was unfortunattíly obliged to retire from 
all connexion with the editing of this volume 
before he had finally revised the entire Irish text. 
I am much indebted to the kiiidDcsa of Mr. W. M. 
Hennessy, who corrected for the press that portiou 
of the original text wbich had not been finally revised 
by the Rev. Dr. T. 0'Mabony. 

Tbe notes appended to the text, except mere re- 
ferences, were selected by the Rev, Dr, T. 0'Mahony 
from those appended to the manuscripts of the origi- 
nal translators. 

For the Intj-oductÍon I am exclusively responsible. 

The Index and SynopsÍ8 have been prepared by 
Mr. P. Bagenal. 

í am, my Lord, 
Your Lordship's obedient servant, 
Aluxabdeh Geobqe Ricuet. 

The Bight Rev. 

TLe Lonl Bialiop of Lixerick, 

Secrelarj' (o th« Commiisiun fuc Pabluhlng tlic 
Audeut Lawi alid Iiulilutlaiu af Inluiil. 



^^P^ CONTENTS. 


F»C<i ^^^^H 


^^H Iktaodl'ction : 


^^H l'uj't I. — Ofmeral observations as lo tho translation 


^^^^^1 


^H IL— Of the Traot entitled " Of takiiig posae» 


^^H 


^^H .... 
^^^ „ III. — Or the " Fino " and tlie " Gulfine " svBteni 


^^^H 


^B „ IV.— OfthelncidenccofFinea, 


^^^^^1 


^^m Y. — Of the SuoceBsiou to Land, 


^^^^1 


^^H „ TL— Of theTi-actentitled"Judgmeat3conoern 


^^^^1 


^^H ing Co-lenoncj," 


cxix ^^H 




H 


^H „ VIII.— Of the Tract entiUed " Eight of Wator," 


^^M 


^^M „ IX.— Of the Tract entitled " Preciucts," 


■ 


^^M „ X,— Of the Ti-act entitled " Diviaions of Land. 


clxx ■ 


^H XL— Of the Trsct entitled the " Critb Gabhlacb," 


olxxiv ^^1 


^^M „ XIL~Of theTnict kiiownas "TheSequel to th 


^l 


^H Grith GabUoch." 


^H 


^H „ XIIL— Of the Tract knowD aa " 0( Succeasion, 


^^^^H 


^^H and conclnding ohscrvations, 


^^^H 


^^H Synoi>tÍcal Contenta of Introduction, , 


^^^H 


^^H L — "011» ceccu5a-D ; or " Of taking lawful poBsesaion," 


^^^^1 


^^H 11. — bpearrlia comatchcefa OTiTifo ^ or"Judgment8 o 


^^^^1 


^^H Co-tenancy," .... 


^^^^1 


^H III.— bech bfiecha ; or " Beo Judgments," 


161 ^^^H 


^^M IV.— Coibniur mi'ci ; or " Right of Wator," 


205 ^^^^H 


^^1 V.— maigne ; or " Precinct«," . 


^^^H 


^^H VL — "00 biieiÉeofimur, itc. ; or "Of tlie Judgniont o: 


^^^^^H 


^^H Every Criuie," Isx., 


239 ^^^H 


^^H VTL— Céo an peaiiann a cinraib; or "The Laud is 


^^^^^H 


^^H forfeitod for CrimeH," , . . . 


^^^H 


^^BtIIL— poTílíinixe; or " Divisiona of I^jid," 


^^^^1 


^H IX.— "Oe poolaib cineoil cuaiti; or " Of Uie Divisions 


^^^^^1 


^H of tbo Trihe of a Torritorj," 


281 ^^^H 


^H X.— Cpich SuBlar. the Crith Gabhlaeh, 


297 ^^^^^^^H 


^H XL— Do. do., tlie Sequel lo tJie Cnth OalJdach, 


M3^^^^^^^| 


^B XII.— Tho unnamed Tra«l enUlled ■< 


371j^^^^^^^H 


^H Oeneral Indux of the Text 


■ 



INTRODUCTION. 



The Brehon Law Tracts contained in this volume have been 
selected by the Editors as speciallj illustrating the land- 
laws of the early Irish, and the constitution of the Celtic 
family and tribe. 

Upon the former of these subjects it is not to be antici- 
pated that we should find in any work, composed by a 
lawyer of the Brehon school, a series of definite rules 
systematically arranged ; or even an attempt to lay down 
the general principles upon which, in any class of cases, the 
judge or arbitrator proceeded. The idea of law in its 
technical sense was wholly foreign to the ancient lawyers. 
They dealt not with laws, but customs ; which, of unknown 
origin, handed down from remote antiquity, often obscure, 
and frequently misconceived, influenced the public opinion 
of each tribal community as to what it was right should be 
done in each particular case. The Brehous were gradually 
approaching the idea of general legal propositions by an 
induction from numerous and distinct cases which had been 
decided in accordance with pre-existing customs. 

ThLs mode of dealing with legal questions has been largely 
illustrated in the preceding volumes ; assuming an individual 
case to have resulted in a concrete decision, they vary to a 
certain extent the constituent facts of the case by adding 
8ome, or striking out others, and speculate as to the variation 
in the decision which should have followed such an altera- 
tion in the facts. This mode of dealing with legal questions 
naturally fell in with the idea that all legal rights should be 
treated from a negative point of view, that is, considered 
not with the object of being enforced, but rather of being 
compensated for when infringed, the amount of such com- 



viii vFiwi&ccnfíaL 

peiiaaiioii being a88e(»ed in fix«l ntím wHh refereiioe to 
ifae varjring circunistanoe6 uf «aMclii cuse. 

To record tbe existing cvfiUnu; of thetr tríbe was noi an 
easj taak for the ancient lawrerB^ for ii involved ihe 
neoe8SÍiy of reducing tbe indefiiiíU; gmeral opinion of ihe 
iríbe into a seríee of abatraet prapciiáiioDS by a wide induc- 
tion from particular cases. Tbe moni indefinite cusiom 
cannot exist, or be transmitted, witboui beiug reduced io 
8ome form wbicb íb capable of oral iransmLaBÍon, and in 
eveiy undvilieed community certain ancieni rules, dealing 
indifferently witb moral and legal maiterB, are banded down 
írom fatber io son, and remain tbe exclusive pofisession of 
tbe elders of the iríbe and the ssges of the law. Such 
ancient rules, when preserved, rarely aíTord any distinct or 
reliable information ; they are intended to serve as catch- 
words or suggesiions io assisi ihe memory io recall whai 
had been previously orally communicaied ; generally iu a 
ryihmical form,alwaysin language condeused and antiquaied, 
they assume ihe character of abrupi and senteniious proverba, 
ihe dríft of which cannoi be more than vaguely guessed ai. 
CoUections of sucb sayings are to be found scattered 
ihroughoui the Brehon Law Tracts, and in them, if any- 
wbere, are to be found whatever abstraci legal propositiona 
the Brebons possessed ; it is to be regretted, although it may 
be naiurally anticipated, tbat but little clear and definite 
information can be exiracted from ibese passages. If we 
were certain ihat ihey were preserved in their oríginal form, 
and had no doubt of ihe accuracy of the iranslation, yei 
the actual meaning and practical applicaiion of ihese bríef 
and oracular utterances would be to a great extent a matier r 
mere speculation ; such, however, is far from being the ca 
and the modern crític approaches the consideration of ih 
under great, if not almost insuperable, difficulties. j 
first inquiry naturally is, whether we possess an authe' 
Arehaic text; upon this preliminaryandcardinalque8ii 
is impossible not to feel most seríous misgivings ; bo* 
ancient any [mrticular rule, or rather apophthegm, v 
the grammatical form of the language in whicl 



ISTRODDCTIOS. 



expressed cannot claim very high antiquity ; it ia manifeatly 
inuch later than tho Irish of the glosses ; the words have 
loet thcir intlexions, but the sentences have not assumed a 
logical construction, and their preaent forui very much 
resembles a Latin iiiscription in wliich the inflexional 
t«rminatioQ3 of the nouns and verhs have been erased. 
Both the text and matter of popular literature orally trans- 
mitted undergo a. constant aaaimilation to the language and 
ideaa of the day ; but niany examples prove that ancient 
formulse handed down aa the exclusive possossion of a 
comparatively small number may at length become unin- 
telligible even to their exclusive custodians ; the Salian hymn 
of Xuma and the litanies of the Arval brothers were repeated 
long after their direct meaning was lost. Although it cannot 
be contended that the text of the Brehon law had become 
as ab3olutely antiquated as the formuUe tast alluded to, it is 
evident that the commentators felt that they were dealing 
with an uncertain and difficult text; the numerous and 
often conflicting glosses, and the commentary, sufficieDtly 
prove this. The original text may perhapa have been as much, 
and as littie, understood by the Brehon of the lfithcentury 
as the original test of the laws of the Decemviri by the 
Romau of the Ist century. 

An ancient legal text is further very much embarrasscd by 
the nece8sary nse of purely technical terms, which can have no 
lifeormeaningapartfrora thesocietyinwhich theyoriginated, 
and which when once loat can never be recovered. The ex- 
tensive reforms effected during tbe present centuryin theEng- 
lish Real Property Law have already rendered obaolete a large 
proportionofthe termsof legalartwhich wei-efamiliar to the 
coteraporaries oí Lord Kenyon. Inthccase ofanhereditary 
profeasion, as was that of the Brehon judge, the uso of 
technical terms throwa about the simplest operatior the air 
of my8tery, in which the exclusive possessora of any 
Bpeciality desire to hide their calculationa ; and thua by 
every profession whose members asaume an abstruae charac- 
ter, heralds, lawyera, theologians, íic, there are used vastly 

)re technical words than are nccessary, tbe object of which 



uínopccno5. 



^ r^ÚMsir vu dofiic uivíal, ihMn to exprest oomplex, ideas. 
l^iBJvuiútít hnBÍiíg froiiA úúh eaube occiir plentifulijr in evcrj 

Tiie ui«>k of xaHutúia'ihg xhe original text is íurther 
emuttiriiftttbed bv tLe urdiioir}' nbbenoe of pimctuation in 
tLe Uiauubcríptb. ^^lieu tiie Mrntenoefl in a paragraph 
an: iutieiidbd to be f uUv developed, an intelligent reader 
Bupplieb foi' liiuibdif iLií want of punctuation (wLich is a 
verv uioderii iuveutioii;^ ajud i$ucce8«ful]y foUowfi the sense 
of the autLorb a^ it is graduaJJ/ developed. The original 
Brehou text ooubLitb altogetLer of curt and proverbial ex- 
prettsious; wLich i'arel vatteuipt the coujpleteneBa of a sentence, 
aud are struug together without an attempt at logical or 
giumuiatical couuexiou ; iudeed it may be {airly supposed 
that if oue of these paragraphs had been read through to a 
Brehon judge for the íirbt time, evenly and without strong 
acoeutuation, he would liave fouud himsclf much perplexed 
if required to explaiu the meauing. It is apparent that tho 
moat ancieut paaBageb pofiseased a rythmical structure, anc 
that the movemeut of the verse, and the pauses in the lines 
threw out 8eparately and empbased the curt and unoiganize 
apophthegms. Paasagea of this character, when all t' 
words are reduced to the one dead level by being successivt 
written out without stop or acceut, are absolutely depri\ 
of all the aids to their comprehensiou, which their aut 
assumed would be lent to them by the voice of the 
teacher. 

Editors of such a text must exercise the utmost cau 
and are exposed to constant temptations. The iirst r 
8ary step which should precede translation is to bn 
the text into the proper paragraphs and sentences 
form of Íhe text gives no indications how this should 1? 
and hence in tho present case the logical process b 
ofien inverted, the punctuation being fixed with 
to an a priori conjecture of the general drift of Ú 
Such speculations, however ingenious, are alwn 
cally of littj^ value, wlien a large proixirtion of 
are technical terms^ the precise meauing of whicb ' 



ISTRODCCTION. 



to the aiithor, The editora of this volume, which containa 
inany passagea of peculiar difficu]ty, have felt themselvea 
forced to ^econsider the principlea upon which the moro 
ancient test should be traualated, and to lay down some 
niles for their own guidance in the matter. They have 
come to the opinion tliat the onIy conaistant principle upon 
which a translation of the archaic passages can be based is to 
itdopt tho oxplanatioD3 of words containcd in the glossea, and 
to assume the correctness of the views as to the general 
meaning of the text expressed in the commentary. It may 
be easily conccded that the authora of both the glosses 
and commentary were tlicmeelves tmable to translate tlie 
text with amiracy, or with eertainty to divine ita meaning ; 
but their condition ín respect to the modem editor in as 
tiviliglit to absolute darknes3. At what date the original 
family and tribe-8yatem was brolcen up in Ireland; whetlier 
it had not been nuperseded by another organisation even 
before the date of some of the commentators of the Brehoa 
law tracta, is a queatiou which caunot be answered without 
much conaideration and further examination of both the 
Brehon law and the existing materials of Irish hiatory ; but 
whether the original Celtic family and tribe-ayBtem did ur 
did not exist in its completeness at the time of commen- 
tators, they livcd nnder tho influence of the ancient tradi- 
tional law, and must, aa an hereditary caste, have cheriahed 
the recoUections and spirit of the old customs, the exact 
Itnowledge of which may even have ceased to be of practical 
importance. Aa a means of understanding the present, as 
even a fragmentary survival of what was once useful know- 
ledge, every Iawyer leams as a matter of course much which 
is really obsolete and unpractical, The English law student 
is instructed in much of thc law which haa been long since 
advantageously abolished. The theory of the feudal sy8tem, 
the origin of the manor, the feigned proceedinga by fine and 
recovery, are taught w modem studenta, who may never 
have aiiy need pi-actically to apply thera ; but by this proceas 
the tradition of the old real property law of Englaud is 
handcd on; and a secund rate practitioner of our day could 



INTRODDCTIOX. 



to aome extent explain a case Ín the year books n'hich 
would be R.b8olutely iinpenetrable to the trained mind of an 
accomplished civilian, Before attempting to fijt tho mean- 
ing of any passage in the original text. tbe editors have 
consulted Ihe gloíoes aiid commentary with the view of 
ascertaining what the original commcntators understooil the 
general drift and meaning of the text to be, and the punctu- 
ation and translation haa, as far aa posstble, been based upon 
the assumption of tho correctuess of the views of the.ie 
early critica. Tbe more any student becomes conversant 
with the ancient textn, the raore he inust be impressed with 
the fact tbat any other mode of dealing with them is 
whoUy coiijectural. It is poasible for an ingenious editor, 
by a due applíoation of stops, and the interpolation of words, 
supposed to be understood, in italics, to produce any results 
he may desiro, and by such a process a very plausible and 
consistent appearance may be given to a translation which 
beare a very feeble (Íf any) resomblance to thií originaL It 
Í8 tbe aimple duty of the editors of the present volume to 
give the public a translation as correct as possible of the 
Irish text,and they have anxiou8ly abstained from the con- 
Btant temptation to translate tbia text in accordance with 
tbeir preconceived views of what it ought in any given caae 
to mean ; they nt the sanie time desire to wam students of 
the subject that Ín their opinion tbe present translation of 
the original test can not bo received as finai or satisfactory : 
it ifl essentiall^ tentative ; that other students will diHcr 
from it in many particulars is certain ; tbat some may suc- 
oeBefizlly revise and correct it is most probable ; neither the 
late difltinguished scholars, who originally ti-anslated the 
MSS., nor the present editors, nor any future critic are certain 
to be alway8 Buccessful in dealing withsuchaaubject matter, 
The reader cannot be too cleaily remindcd that the transln- 
tion of the original texte has been eonducted upon the 
principlea before atated; that conjectures founded upon the 
supposed meaning of detacbed paaaages of text, and unsiip- 
ported by the coinmentary are uncertain ; and that the 
commentary, not the text, is, in the opinion of tbe editors, 



INTRODUCTION. Xlll 

the reliable basis for any conclusions or further speculations. 
These observations are the result of a prolonged experience 
in dealing with these Brehon texts ; the most diíBcult of the 
passages in question have been translated and re-translated; 
frequently the translations were apparently most consistent 
and probable, but again and again they have been found to 
be inconsistent with what the glossists and commentators 
manifestly understood them to be, and in many such 
instances the editors had finally to admit that their own 
views as to the meaning of the text were, although perhaps 
ingenious, altogether niistakeiL As to the technical legal 
terms occurring in the text, the editors have desired to 
translate them as far as possible ; it must be observed that 
such words cannot find an exact equivalent ín any modem 
language; the complex ideas represented by these words 
were, as is the case of all legal terms of art, formed under 
peculiar and transitory conditions of society, and their real 
and living use and meaning perished with the system out 
of which they sprang. Their meaning can be only approxi- 
mated by a diligent comparison of the divers passages in 
which they occur. 



II. 
The Tract ENTriLED " On Taring Lawful Possession." 

The first tract contained in the present Volume is entitled 
" On Taking Lawful Possession," and the importance and 
peculiar meaning of this title will be obvious from the 
subsequent observations. 

The first portion of the original text down to page 33 is 
obviously composed as a consecutive treatise dealing with 
the symbolic ceremonial by which an action for the 
recovery of the possession of land was instituted ; the 
latter portion consists of a selection of isolated rules, some 
dealing with hereditary succession to land, others having 
no more than an incidental connexion with those which 
precede them. 



ISTHODtlCTIOX. 



TbÍB trnct, in itself of obvious utility to the practising 
Brehon, is the subject of leDgtlieDGd and clear explaQatioiLB, 
and it would appear that the commentarj' annexcd to the 
text Í3 formcd by combining several antecedent commen- 
taries from diíTerent manuscripts, inaBmueh aa very §iinilar 
notea upon the same pa-ssage succeed each other intho text. 

The grcat importance of this tract arisca from Íts es- 
hibiting in the cleareat manner the mode in which the 
judicial authority of tho BrcLon arose, and the seriea of 
legal fictions by which a defendant was constrained to 
come into court, and to submit his case to the jurisdicticn 
of the customary Judge. It is most intereHtÍug to observe 
that the authority of the Brelion among the CeltÍc Irish 
arose in precisely the aame manner as that of the Judgea, 
by whatever title t!iey may be called, among the other 
Aryan trihes ; that the peculiarity of the Brehon ajstem 
does not prove any abnormal organization of the CcHÍc 
tribe, but was in trutli but an instanco of archaic aurvival ; 
and that a Roman might have recogniaed in the proceedinga 
before the Erehon the ancient and technical formulie, fi^>m 
vhich with difEcuIty and after long delay the Civil Law 
Buceeeded in freeing itself. 

The evolution of tlie idea of law and judicial auUiority 
is inseparable frora and followa that of govemment and 
Bocial organization ; the judicial Bystem of tbe Celtic Irish 
waa permaiiently fixed by the arrested development of tlieir 
social organization, from many causes, which it is not 
inteuded here to diacusa, but moat of wbich were originally 
phyaical. The Celtic Irish never formed town communities, 
or were subject to any vigoroua central authority ; it was 
utterly impoasible, therefore, that tbey could attain to ideaa 
of law, which are evolved by the needs of a more complex 
civilization ; the peculiarity of tho Brehon is tlmt profes- 
sional ]awyer8 of great acutenesa and conaiderable techiiical 
education developed in numeroua written works the logical 
reaults of a purely archaic customary law. 

In the introduction to the last volume we drew special 
attention to the fact that all judicial authority, at least 



I 



INTRODITOnOíf. 



I 



ainoog the Aryan or Indo-Europeftn tribe communities, ÍB 
originallj' derived froin a system of voluntary submÍBsÍon 
to arbitration, and we trentcd tlio Brehon procesB by dis- 
trcas as a legal fiction iltustrntive of this principle; fche 
formul* neces8ary for thc institution of actions to recover 
the possesaion of land, and wliich are de^t with very 
fully in the present tract, in a remarlcable manner illustrate 
this rale, and present extraordinary analogies to the ancient 
proceases of the Roman law. We desire very briefly, and 
■with special reference to tlie forms of actions — the subject 
of this tract — to re-consider the orígin and theory of 
judicial autbority Ín primitive commumties. Every archaio 
B0ciety is govemed ab3oIutely and exclusively liy " Custom," 
■which may be defined as the acquired habita of any human 
community, Whenco any sucli babits wcre originalIy 
acquired, or when any 80ciety began to acquire and trans- 
mit any fixed modea of acting, are questions wholly foreign 
to this introduction ; we mu.st accept aa a fact that every 
human eommimity appears to have acquired certain habitn 
of acting, and that the surrounding phyaical conditions 
have been moat influential in either originating or modiiying 
them ; abstract Ídeas of right or wrong are very obscure in 
the members of a primitive eommunity ; even in the ordinary 
afíaira of daily life tbey conault their own comfort and 
advantage inuch lesa than do the members of a civilized 
*ocÍety, and do and endure many things because their an- 
cestors did or endured the same, for the local opinion 
of the tribe believes that their ancestors were wiaer than 
thomselves, and what has been shall continue to be done. 
In such a state of 80ciety the ordÍnary incidents of life.such 
as the birth or death of any member of the community, 
&c., are followed by fixed and well-known results, and 
the atatna, propert^, and position of each individual depend 
npon, or are affected by, the occurrence of a well-understood 
fact. or group of facts. Tho progreaa of any auch 80ciety 
nrises from the efTorts of índividual members to get rid 
of the custom whieh reatrains tlieir personal freedom, to act 
otherwise than the unwritten law of public opinion decrees 



3 



JL VI mvoDccnov* 

tikst únej mwt act, froBi tfae rtraggle of Uie firee wíU agúnBÍ 

the loe^ CQatoaDL In socfa oommomties tlie indÍTÍdiiml dmies 

nc^ «ttempt to attun his object bjr open oontndictíoii, or 

repudiatáoii of the Tenerttted local naage, and rtrires, there- 

fore, to efleet his purpose throagh fictions bjr means of which 

tJbe eiiitom is riolatod in íict, thoogh obfierved in appeanmoe. 

If m man, who denrea to do soaoething which he is forbidden 

to do direetlj, obaerveB that in the event of oertain factA 

oeemring the enstom will allow him to do what he desires, 

he maj artificially produce the reqnisite state of facts, and 

then, in apparent oonfiMrmitj with the cnstom, circaitoa8ly 

eflect what he eonld not have directlj accomplÍBhed ; in 

aifteii a eaae a series of acts are consciouslj done solely for 

tbe objeet thai a oertain effect may follow; the object 

dewed is the consequeDee of the act done, and arises 

from ih^ aeUiaJ pre-existence of the neces8ary antecedent 

&ot ; gEaduaJUy as it is understood that the custom can be 

ihm evaded. tJbie neees»Bjy anteeedent acts became less and 

leas real^ a«kd fijoaJiv assume the form of a symbolical, or 

psiiuwijaúe perfunasAoe, whidi, with the object of individual 

«ewveBJieniee, ás grsdaaiJy more curtailed, until at last it is 

mmfly alLeg^ or verbaliy aisserted to have been performeil, 

aAd matters are allowefl to proceed upon such assumption. 

Up to this point it is manifest that the nece9sary antecedent 

facts must be fuUy aud correctly performed, simulated, or 

alleged, and that any failure so to do, or incorrectness in so 

doing, must result in the faUure of the whole operation. 

Finally, the exception having become more famíliar than the 

rule, the society begins to believe that the individual has a 

right to do directly what he has hitherto affected indirectly, 

and the formula, which originally was the foundation of the 

matter, is dÍBCOvered to be an unmeaning technicality and re- 

jected altogether. The ceremony of marriage among hali 

civUised nations is the most obvious instance of this fibd 

and the form of marriage by wife-capture exÍBted in Boir 

as in many oiher communities, for centuries after the d 

at which its meaning was so utterly forgotten that hÍBto 

romances were invented to account for its orícrin. A 

o 



IMTRODUCTIGS. 



I 



transactioiiB of thÍF) kind during the intemediate period, 
whcn tbe necessarjr antecedent facts were merely siinulated 
6r alloged, two points muat be observed ; firat, that nnless tha 
Bimul.ition was cotTectly performed, or the allegatioa full and 
completc, no resulta at all foUowed, aod secondl^, that if the 
ceremon^ was correctly gone through, preciaely tho aarae 
resulta followed as would havo resulted from the real occur- 
ence of the facte simulated to have oecurred.* 

TÍie jnrisdiction of Judgea waa gradually established by 
ft aeries of fictions. In the original tribo each " paterfamiliaa" 
niled aa of right those under his absoluto jurisdiction ; but, íf 
difíerencea aroae between merabers of two distinct familics, 
there was no oríginal authority to wliich either could appeal ; 
Bucli disputes could be docidcd ouIy by a reconrse to force 
and arms ; the manifcst inconveniencea of auch a ayatem 
called for some remedy, as the Bociety progressed towards 
order and civilisation, At some period there arose a cuatom, 
or general public opinion, thjit under certain definito circum- 
stancea the hostilo Htigants ahould submit their quarrel 
to the arbitration of tho tribe, and that the question ín 
disputo should be decided by reference to the assumed 
pre-existing custom. 

The rule that ÍQ such cases recourse ahould be had to 
ftrbiti'ation was in its inceptioQ one of impcrfect obliga- 
tíon, and the confending partiea might still insist «pon 
tho natural right to asaert their claims sword in hand; 
the regulations as to judicial process among the early 



• niacamnii 



f ths iD09t eliboTRte sad 
ra or «stitei tail sacueeded iit 
i1 furm of pnwedure in 
iflngíl lÍL-tiaiiiii but It 



irigÍDal 



■nTj ia the Engliih iaw v 
«uixeaítoi oftegat fictionsi by Ihia procíis the ownwí 
pracliíally rapealing Uie Sletuta " De lionl'." Tbe oi 
utions oC ejectmeat U 0(1611 deacribed 1» aaotheT íaata\ 
dosa not IaII witbin Sir tl. S. Maine's dsBailioi] of tbe t 
tQ ereite 01 ittract jurisdictioa. for ths Court a[ Cooinioa Bench 
juTÍsdictÍcm to decido Ihe queetion really ia íaíub ; and it produced □ 
tíie rulii of tbe Comuioa Law relatire to titlee to land. la ila inception it irsa 
nothing aiore tbia ■ fnLuduleat abuae of the proeadure oi tbe Coort ariaing froni 
tlu atteniim in the fomi oi jaJgmeat enterad up ia aclioua commenced by th« 
■ writ "■/eg'ícíio'it/trnwe; " endlbe «Itorationailltheprocedure, which eatíbliabed 
u the otdiau7 ■ctiou Cor the recover/ of liad, wera Intiodiuxd by tbe Cuurt 

lltMll. 

b 




ISTRODUCTIOV. 



in loeland illostiate this most clearly ;* 

Imk gndml^ tlie increasiiig pressure of pablic opinion 

fmiMd tihe re£erence to arbitation to become tbe acc:epted 

and nflnulmode of decidingdifferences between thememben 

of tbe tribe It is to be observed that the pnblic opinion, 

or coBtooi, did not reqnire the intenrention of the arbitrator 

mitii the di^mie had reached a certain point^ \iz,, nntil the 

pnUic peiu» of the tríbe was broken by the occorrence of 

actoal hoa<alítfii between its members. An individual could 

not xnstitiite a snit to determine a ríght as agaínst his 

neighbonr ; bnt if he aasailed his neighbour, spear in hand, 

the commnnit^ required both to submit thcir rights to 

arbitration. The plaintifl^ therefore, who desircd a judicial 

deciiiion upon hss claim, proceeded openIy to asscrt his 

right in an hoatile manner, confident that upon the inception 

of the combat tbe other members oí the commimity would 

interreiie azMÍ enforoe the custom of arbitration against both 

parties ; the nei^bonrs would not, however, step in betwecn 

the parties nntil matters had gone on to the point at which 

the costom required a submission to arbitration, nor could 

the defendant be required to admit that the custom applied 

to his case, unless all the preliminary requisite circumstanccs 

had actually occurred. The pantomime of actual conflict 

had to be correcily acted up to the critical point, otherwise 

there woxdd be no basis f or the jurisdiction of the arbitration, 

and it should not be pushed beyond a definite point, other- 

wise actual conflict would have occurred, tho very thing 

which the plaintiffdesired to avoid. Hence the extreme 

technicality of all tbe early procedure, which proceeded upon 

this theory, and th^ laci that ancient Iawyer8 devoted their 

attention to tl*e fwnwdte rcíqnisite to bring a defendant into 

court, and dianqjarcUiÍ the prínciples upon which the case 

should be deddtid ^\tm >;mghtbefore the arbitrator ; for the 

dccision of tbt: t;^ h w»i Mnmed that the existing custom 



♦ ** Tli«n FM «fivMC «* Mn^. M.4 «M bc wovld not tovch a pennx of it, 
and tbwi b* «iM li« wviW l««» mí)^ m «f two thiagi; either thAt HanshuM 
•hoald dai «Mt/>M4, «r fM^ « vim4 I«t« wm^^maot for him." (The stoij of Bunit 
Njftl, ▼<^L 2, ^ l^.) Thii wti iltir tfct iwígiMat, lod the teadw of Uie com- 
pentfttictt* 



INTRODUCTION. 



was stifficient, and tbe " eensua communb " of the members of 
the commuDÍtj evolved the presupposed usage which ruled 
the caae • IgQorance of the prescribed formula depríved a 

* The proceolÍDgs at tbe trial Bt tbn Hil! at Liw in Ihe sei^oDd voluine of ihe 
Barnt Njal iUuitrate this faat, an'l prov6 that the technioul tfrma relative to 
Tarlona clalaea of wnnnda, £&, and Ihe mfsterious aiid obscure proceedlnga 
Incident to an acti'm, vera not peculiar to Ibe Brehon Liw. The courve ut 
tbe prooeedlngs ín tbia cnae may be brietl/ itated as (oltowa^ — Mord, Ihc nomínal 
plaintiff, givea lechnlcal oolice of the Institntion oi tuit (p. S3G)i Flatí, the de- 
' fcndont, in the night secrell; reaigM his prÍe«thood nnil joini the Thing of Askel 
le the jnrladictlon o( the Canrt (p. 2.19) ; the next morning Mard open* 
bie case wltb Ihe fulIowlDg notlce— " 1 talie witnesa lo thia, lliil I except ull mia- 
taliei in word» in my ple«ding, whether they bc too many, or wrongly ipolion, atid 
I claim Ihe rlght to amend all my wordi, until I bave put Ibeni into proper shape. 
I taiie witneaa lo mj'teir in Ihia" (p.2i2); theflntobjectiontafcenls in thDnatuie 
o[ a challenge of Ibe arraj, viE., that Iwa of the neighboare oo the inqueat were 
relatlvei to Mord, one hís godtalher, tho other liis socond cousin (p. 2*8) ; 
Tliorholl. ihoniiíiser of Ihc plniutiff, domur» to tbacbuliengo on tiie ground "that 
he cbaitenged them nut (or thelr liinaliip to thc true plaintifti, tho next o[ kin, but 
for thBÍr kiaabip to him who pleaded Ibe suit '' (p. 250). Tha dfmnrTeriiallowed. 
The defendant agnin cballeiiges the eiray on Ihe ground that two men on tbe 
ÍDqneit were lodgers oDÍy, nat honjeholden (p. SGO). Thorhall replies that the 
men quslifled aa ownera o( callie of b vaine aqual ti> thit of the rnguiaile 
qualiacation in land (p. 252). Thia was a novel puint Flosi aaid to Ey)ulf— 
"Can Ibiabelaw?" Evjollaaidhehadnot wialoraeiiough to know Ihat for nsarcly, 
and Ihen they aent a man lo Skapti, the «peaker of Uie iuw, lo a)k bim whether it 
weragood Uw, andheient them back word, "íAaí il aas mreli/ good law, lliougijtie 
tnen il " (p. 263). Thcn followed a challenge to four ol the Ínqneat ; " foi thoae 
Bit now at hotat who wera nearer netgbboura to tho apot" (p. 253). To tiiia 
cbalIeDge Tborhall demnra on the giound that a mBJority of the inqneat waa 
rightly Bummoned, and tiuittherelorethecaaeshoiild proceed, whereupon a (artlier 
Bpplici.tioD is made to Skajitl, who repliea, "Moremen are good lBwyeiB now than 
I thoaght. I muat tell you then that tbia ia anch good Uw in atl poiDta, tbat tbere 
Ía not a word to be said agaiiiat it; bal itill 1 (Aan^Al tAal t alane aoiiláh«HB Aii, 
■MU (liat SjiU ii diad,fiir he aai llu mli/ nu'ii / teer inta wk txta ií." Tbe 
Inqueat btb tbea cailed on to give Ibe venlict, which tbey do witbaal tnrther 
evidence, for thej IhemBelve* were tbe wilneaMs (p. 2íli). Tbe pIalDti(( goea then 
before the Cotut, and pravea Ibe flnding of the inqneit aa lo ihe fact, ind tha 
I defendant, FliMi, is called tn defend the casa, or rather to (how cause Bgainat the 
I flndlng. £y]ull, od LebBlf of Ihe defeaditnl, pleada lo tbe jurisdiction o( the 
eourt, which wbs tho Eostfritheralbing, wherFai Fluai, being now a Thingman ot 
Aaltel, wai wilhin tbe junsdiction af tbe KortblBndi>rBlliing. This objection naa 
latal; bul a aecond suil íb ImmeJÍBlely instituled against Flosi tor contempt for 

"ío( havLng brouBbt mOEey into Iha Bfth court" (p. 261). This step WBS tnkeii 

to eompel Floii to wilbdraw the ples ta the j nriadiclion. Othar techniealitiea 

I lullow, but the litigBtion GnBlly reioh'es ilaelf iolo tbe " lÍBllle al Ihe Althing. " 

62 



XX INTRODUCTION. 

man of, not of the right, but of the possibilitj of bringing his 
antagonist before a Judge ; and the possessors of the requisite 
mjsterious forms, whether patricians, pentifis, or Brehons, 
thus acquired the advantage of being the sole possessors of 
these secret and essential forms. Thus, in the Roman law, 
the term "actio** became the generic designation, which 
signifies a particular form ot procedui-e taken as a whole 
including the cercmonies, acts> and words, which constituted 
it; all of which had to be correctly gone through before 
the Judge had any jurisdiction in the matter. The case of 
the Romans proves that it is quite possible that an nctual 
written law should co-exist with such a purely archaic 
conception of the position and jurisdiction of the Judge. 

This period in the development of Roman law is clearly 
illustrated in the following passages : — 

"The Quirites (men of the lance) had, in their judicial 
customs, even to the promulgation of the twelve tables, 
forms of procedure, assimilated to acts of violence, and 
to the combat, in which we at once see their predominant 
characteristic, the military life, and the important part 
played amongst them by their favourite instrument, the 
lance; as also the predominance of the sacerdotal and 
patrician elements, which had regulated the forms, and 
which had preserved the pantomimic action of former 
days."* 

" The actionea legea were completed in jure before the 
magistrate, and this was the case even when it was necessary 
for him to appoint a Judge. This was the form, the prelimi- 
nary step;'*t (that is, the intervention of the state did not 
proceed beyond compelling the parties to submit the quarrel 
to an arbitrator ; the state did not pretend itself to enforce 
the law in the first instance ) ; 

" But notwithstanding the fact that the aacramentum, 
and the judicii postulatio were generally forms for tho 
enforcement of all substitution of rights, and that they had 
in all cases a certain imiform characteristic, however much 
the detaiIsandnecessaryformul£e, adapted to each individual 

* Ortolan, Ilbtorj of Roman Lair, tec. 140. f Id., sec. 142. 



ISTRODCCTION. 



case, migíit vary ia each instance, according to tho nature of 
the law, or according to the provisiona of the law upon 
whicb thc right was haaod, it was necessarj that the parties 
should be faniiliar with the acts and cercmonics suited to 
their particulnr case."' 

" Such waa the early systoni of procedure amongst the 
Romans, Its characteriatic was symbo] ; it is here that wo 
find thelance.the tuftofgrass.the tilo.and thematerialrepre- 
Bent)ition of ideas, or of objecta. It is here that we find the 
gesture, tho legal pantomime, the BÍinulated act of violenoe, 
the fictitiouB combat (immuum co7isertw), for the most part 
BymholisÍDg the transactions and processes of nn earlier and 
barbarous period ; here we find the utterance of sacred terms, 
and he who should be ao unfortunato as to say " vine " 
(vites) Ín an action concemirrg vinea, instead of using the 
word " arborcs, " which was the religious term pcculiiir to 
tbe law of tbo case, would lose his action ; here wc find the 
impreBS of tho sacerdotal fingor ; wo see it in the sacra- 
vieiUum, tbe preliminarj depasit of money 'm the hands of 
the pDntifi" for the benefit of public religious sorvice ; we see 
it in the pignoTÍa captio, accorded subsequentl^ on occasions 
in which religious sacrificea were concemed ; aiid it is hcro 
we fiud the weight of patrician influence. The magiatrato 
was a patrician ; the Judge could onIy he selected from tlie 
order of patricians; in one word. jm and the jndicium 
were in their ^^^^3."^" 

Tho explanation of tbe latt«r statcment plainly is that 
it was the original tribe, not the mere aojoumers or atrangcra 
on the spot, who had the ríght to intervene to preserve the 
peace, and that none but a member of the original tribe 
could be assumed to know the local ciistom. 

The Roman ceremonial to which we desire to di-aw particu- 
lar attention, as presenting peculiar analogiea to the Erehon 
procedure detailed inthe present tract, ia the maTmum conser- 
tio, which formed portion of bhe sjmboUc action which took 
place in the process known as the " sac^'ajnentum." Tbis 
• Id., «ec. 14S. t M., ti:<-. Ui. 



XHl ISTRODCCTIOS. 

proceediug appcars to be nothing cbe than a personal confUci 
between the Utigants, foughtoutoverthe siibject matterindis- 
pute ; if tíio subject ot' dispute was such as could not conve* 
niently be carried or led before the príetor, a portion waa 
brought into court, ond the fornialities were enocted over it as 
if it were the whole {demde in eam parfem quasi in totam 
rem jtrcesentem fiebat vindicalio). If it was a flock of sheep 
or herd of goats, a aingle sheep or goat, or single tuft of hair ■ 
was brought ; if it was land, a clod ; if it was a house, a tile, 
(Gaius IV § 17 Poste's tranalation). Tho essence of the actioa 
was an actual combat over the subject of dispute ; a mere 
personal conflict apavt from the subject matter in dispute 
■waa not sufGcient to coinpel a submission to arbitration as 
totitlo ; theactiial'"res"oritasymbolmuathavebeen fought 
across by tho conteoding pai'tíes. It ia remarkab]e how far 
even at the date of Oaius, the original form in actions as to 
the possession of land had been symbolised for the conve- 
nienceofthe parties. Originally,whenland waatbe subject 
of controversy, the praetor repaired with the litigants to the 
spot, and they there performed in hia presence (injtire) the 
ceremony of the manuum conscrtio. At thia stnge of the 
procedure, the bi-eoch of the peace waa designedly produced 
in a symbolic form, but every thing else was real. When, 
however, the Koman ten'itory becamo too extensive for the 
prtetor to attend every such fictitious combat, tho coremony 
was adaptcd to tbe chango in circunistances, the prcsence 
of tbe pnetor waa dispensed with ; tho parties, accompanied 
by their respective witneaaes, pcrformed the Tnanuum con- 
eertio upon the ground in dispute, and caiTÍed a clod r 
portion thereof to the pnetor, and then mattera proceed 
as if tbe pnt'tor bad been preAent opon tbe locue í» ji 
during the performance of the ceremony. Subsequently t 
nccessity for the litigants to resort to the lands in dÍBj 
waa dispensed with ; they left court and again retum' 
being assumed that they had in the meanwhile repair 
the lands in qiiestion ; that is that the statement tbat 
^ had been a maniíuin consertío becamc an untravc 



INTBODUCTIOS. 



I 



allegatíon in tlic pleading, and of courso waa soon ab8oIutely 
dropped out and disregardcd." 

The Brelion procedure for tlie recovery of land Í3 identical 
witli tho Boman form up to the point at which the contest 
for posscasion was roduced to a mere syrabolic fonnula ; 
probal)Iy from the amall extent of the tribo lands in whicli 
such disputes aroNe, the further step of Bubstituting an 
untraversable allegation that a conflict had arisen for an 
actual or simulated conflict did not occur to the Celtic 
lawyerB ; but the procedure, aithougb crystaliaed in thia 
archaic fonn, was modifíed to suit the circumstances of 
diflerent cases, and was adapted to admit what ÍQ our 

• Slr. Posle in hts odlllon o( Gnla-i (p. ÍB9, 2nil ei) tulu the qnestion, " Wb«t 

Uken br iho partie» in the wíger of UilU iB tliB old English Uw he conjecturt» 
that the tertn «h equiraleiit lo íiEíwpo, ■■! o»tli ar jJedga lh»t the partj bBliovecl 
tn Ilie justi» of hls cue; io tha Snt cdition d( liis work be adclB, " It munt t>e 
confened, hovever, thal nDne of oar authoritiu allude to the oath (jusjnruidaiD) 
bavÍDg fDrmed a part o( the procedure bj ■acniuentum, ind pDuibty tbe uuiDuum 
conHrtÍD irta merel; > aTmbolic btttle." In hii later edition ba &dda " 1» it 
pouibla «hea we coiuider the common Árj-su deficent ot Ihe Bonuiaa aud our 
Teutonic anceetora to nuppoH any connexion betneen the lonns of Romaa >nd 
Teutonií litigation? Or, iraa mjiDuum consertio merel; > íyuit)olic bíttle, an 

publictribunaU, the period of selí-help, when the romeil)' of tho Utigajit wa» to 
redresa hi» ■nrongi by the prowess of his own rigbt haud 7 Or waa maauum 
oonserlÍD, llke Didnclio and Vit ex convenlu, a (lctitioua trespaas neceasaty íot 
the baaia of the penal (7) proceedinga by aacramenlum ? Or was it merel/ tbe 
meaoB of identiljing the aubject of lítigatloa } " (p. &U0). Tba suppoBed analogj 
betwocn the Roman actioa aacl tbe Wager d( Battle is very doabtful. The 
Englisb proceediag waa one of tbe moiles oí amving al a flading upon Ihe iaaoa 
of fact arliiDg upon tbe pleadinga, by an appeal lo the DÍTlaij power lo tesIUj aa 
to IhÍB (act by giviog ths TÍcIory to Ihe party ia the right. Tbe sssertioa of riebt 
woa an appeal lo Ihe Diviaily hy bolb o( ths cpmbalants, wbo might be bir«d 
chani[iioaa, but ought to ba peraaaded oí Ibe Iralb ol their cauae. ITpon ths 
result o( the combat depcnded Ibc GndiDg, aa to Ihe qnealina o( (acl, npon which 
jadgment waa enlered. Wbat reaemhUnce Ihera is between theso cisea it la 
difficult to sea. There can bo lÍtUe doubt Iliat manuam coasartio Ía W b« traaa- 
laled ÍD its ordinarr meaning aa a combat, not n " ayaiba1ic battle, an idte remin- 
iscencenta procesabíloagingto an aatoriorperiod," bat, /br Ihe pvrpoteM o/lSe niil, 
an actual combat, aa lor tbe pnrpaee of barilng an ealals UÍI, tbe recovery waa 
an Bctnal actioa, pltBded to and defended by Ihe tenant in tsi) i aad Ihe juilgment 
ever in warrentee agalaat the voucbee wis (all compenutiou to aubaequaut teasnt 
In tail aod tbs nmobider meo. 




XZIV INTBODUCnOS. 

presait sjstexn of EnglÍBh pleadings would be descríbed as a 
ootinter-claim. 

It Í8 to be first obeerved that Íhe introduction of the . 

commnnitjr for the purpose of compelling the parties to sub- 

mit to arbilxation, wa» quite independent of any intention 

or dcBÍre of the parties that there should be an adjudication 

as to their seireral nghte to the land in question ; it arose 

from the existence of the íact that two claimants were at 

one and the same time in possession adverselj to each other 

of a certain piece of land. This is verj clearly shown by a 

caae cifced in the commentary.* Ninne, the son of Matech, 

with three horsemen was on his way to Ulster; they 

unhamessed their horses upon certain lands, which had 

previou8ly belonged to their tríbe ; this fact was unknown 

io Íhem, Íhey had no intention of making any claim to the 

lands in question, and their halt there was merely accidcntal. 

The oocupier of the land required them to depart ; "Then 

the two, who were with Niune replied ; ' It does not mako 

our claim greater that we have unhamessed our horscs hero ; 

it is not to claim our sharc therein/ (The occupier rcplies) 

'This is not eaBy , for it was your own before ; they shall not 

be left there for that reason/ They did not lcnow until 

then that it had been thevrs hefore, The person whose land 

it waa drove their horses from it by force. They aftcrwards 

eomplained to CJonchobar Mac Nessa conceming it, and he 

awarded a fine for imlawful expulsion upon the person who 

drove the horses out of the land, and an equivalent for wlmt 

waa dríven off it, and he gave them lands in proportion to 

their family." 

This stmj Teo<y^m« 0*% ri;fht of Matech to require 
an adjudicatí<>u a* Vy lí» rígljta ín respect of the 
lands, althouif^ liit; KÍKf ^xjcuymwUA this claim by an 
equivalentpv«-wt-^ aw^WTfcfefcftdii, This bare fact of a 
conteat for yjmmm ^iw, ^w'miRj mr^lífied into a fixed 
procedore bjr wíí^ a**^^ '-,< úa vtA^^A entry was scrved 
upon th« €,nm^ «ut nh-^ rapsMs^tem waa wítnessed andpro- 
bably K:gtik««4 V/ Auiml'/m f^ th^ iriH the occupier given 



IKTRODCCTIOS. 



t 



ample time to conaider whether he would abandon the landa 
to the clftimant, ov submit thc caae to arhitration, and, finallj, 
damagcs payable to thc occupier for au iUegal entry aecured 
in tlie event of the claim proving unfounded, The entire 
procea.i in ita fuUj elaborated state was tedious, requiring, if 
the occupier simply remaincd quiescent, a pcriod of not Íesa 
tlian thirtj daya. For ten successive dajs (or at leaat on the 
firat and tenth day) the claimant gave notice of his dcmand, 
and of hhj intention to cnter if no answcr were retumed; 
on the benth day, accompanied by liia witneaa, and leading 
two Iiorsca by their bridles, he crossed the boundary, and 
remaioed upon the contested prcmisea, but just within the 
march, for a day and a night ; he then retired, and during the 
Hubsequent period of ten days (or at least on the middle and 
I.ist day) repeated tho notices previous!y given; upon tho 
twentieth day he again crosscd the marcli, with four horaes 
and two witnesses, and advanced one third way towards the 
centre of the lands. If again he received no anawer from the 
occupier, he withdrew, and for two day8 more gave notice 
outsideof hia intention to make his final and decisive enti-y; 
on tho thirtieth day he again entered the lands with. eighb 
horsea, and with witnesses of whom a certain proportion 
were of the chicftain rank {Jiailhs), and the others freemen 
(fe'viii) ; upon this laat occasion Iie advanced to the centre ■ 
of the land, and took posaession, unless the occupier aubmitted 
to arbitration. The prolonged period requisite for the notices 
and several entries, was intended to aJlow the occupier time 
to consider whether ho would consent to arbitration; and 
thc final entry waa Ín such a form as to compel the occupier 
either to abandon posaossion, or actually to resist, for it is 
stated tbat, "unless lawbe offered tohiui before going over" 
(which muat mean the crossing of the boiindary on the 
thirtieth day), "it is not unlawful for him not to come out, 
until it is ascoiliained whether the land ia his or not," If, how- 
over, the occupier distinctly refused arbitration, and con- 
tested the righta of the elaimant, the lengthened procedure 
was unneceaaary, and the matter was brought to an isaue by 
an actual forcible ontry and occupation of the landa in 
qaestion ; " if it be certain to him {the claimaiU) that law 



Í^ 



xxn 



IHTRODCCTIOS. 



will not bc given to him before going over" (í.e., before he 
has crossed the boundarj upon tho thirtieth <lay), "it Íii 
not unlawful for him thftt he has not given noticc, provided 
that he has brought the means of talcing posscssion"; and 
again; "if it be ccrtain to him that law wiU not bc cedod to 
him, it is goiltiess for him to ^0 over with all hb cattle." 

ITie ajTnbolism of the procedure ia evident ; tbe claimant 
ia to emter upon the lands in such a fasliion as to sliow that 
be ÍB not seelcing aa a traveller to croas the piece of ground in 
qoMtion; he docs not dríve hÍ9 charíot into or u|x>n the 
landB, for Ín such casc his intention might be ambiguous ; 
lús horsee must be loosed from the chariot, and led hy thc 
bridle as if to gmze; tlie duration of tho first entry is 
inteDded to prove by a lengthened sojoum within the fenco 
tlMt híi claim wa» not to traverse but to occupy ; on the first 
torooGenÚRunponwhÍchanaetualconflictisnotanticipated, 
b« ii attended by a witness or vitnessea to tcstify to the 
paiijniMUiee of the esscntial act ; upon the third occasion hc 
H MMiuiJMUiied by witneeses, who must consist of inembers 
•f the BoUe aod of the free class of tho tríliesmen. Thc 
mttamrjjnaeoee of the former is remarkable ; it is very pro- 
ÍMttimtthey Mn repreitentatives of the conmmmty, whoso 
dBee woaU be two-fbld ; either to intervene ns tho Roman 
linttar ÍB Uie octío tacramentl, if an actual confiict occurred, 
or tf the oeeainer abandoned the posscssion to rccognise th'^ 
daÍMaiifcMtlte legal occupicr of the land. That tho arbitra- 
tíen nmtlmv rested npon eithcr voluntary submissíon or 
netnel confliet, íe lOÉnífeai &om the Htatemcnt tliat thc rcsult 
of an nnreristed entrf on tlH thirtieth day by thc daimant, 
not foUowod bjr » mhmímím to M-MtnLtíon by tho occupior, 
WM not ín tll» mttmm af • jndgment in revi, but inerely 
leplíaed tbe fUatÍíreeeeiipettMt nntíl tho question of right 
waedMÍded; amá ttj* a wíi lbn wd legal occupation bad no 
otlwr TBaoIi Úmm I* ÍMwtMiieEnee tbe occupier to sncb an 
extent a* to OHifef B(vm t» díeeaM before tíie profeesional 
irbitntor tlw ^pwtio n of right.* 

m»amm m k ÍM aái tl itllmit má ^mmM»»i,ni.U nt, . aajtalmiid by 



ISTEODDCTION. 



The sjnubolical ncts by which a man oxprcsaed his intcn- 
tion of Bubaeqiientlv takÍDg poeseBsion, aiid which upon tho 
last entry amounled to constructive poaseasion, were maiii- 
festly uDSQÍted to tho caao of a wonian ; it was neceBsary for 
her to represent in pantomimo the incidents of Aer owncr- 
ehip, and if she faíled in tlio appropriate details, the cere- 
mony was wholly useless for thc pur]>080 of putting the 
occupier in such a position that public opinion would require 
hÍ9 submission to arbitmtion ; thus wbentheBrehouSenchn, 
with the design of causing the proccss to fail, declared that 
the formulíe in the two casea were the same, blotches arose 
on his cheek oa a punishment for his unjust ndvice ; nor 
was he cured untií his daughter Brigh coiumuuicated to 
the femalo claimant the requisite 8ymbolic acts for tho 
purpose of establishing her right to force the occupior to 
«n arbitration. 

The exclusive possession of the knowledge of such ancient 
forms was in all early societies tbe basis upon which rested tlio 



" And thne dxlcnliadd* are aot to b« prosecnted except by the lon, in ths |ilsce 
where hia futlier wu thsretofora, or ia Ihe place vhere hia pireats were fanncrlf ; 
(dt a dadenhadd li aot to be saed hy hía •□d dejeenl." 

" WhOBver is lo proMcute dsiienhudd bj tillh aad plougWag, is to rem»ia upnn 
the Und, without aaswaring, until be may turn b'ia bach oa the gtack of the [orth- 
coming harveat, >ad thit wilhout anawering to ■njrocie, lad the answeT ; «id tlie 
niuth áAy trom tbe following calendi a[ winter, law." 

" Whoevei is to protecate dadanbudd bjr car, by haviag baeu wilh his cai and 
bi> hooaehold snd bii hearth, belonging to himietf, or ta liís tuther tiefore bim, 
upon that laad, is M be there, witbout aiuvreiiag, uotil the nlnlb dav, and then 
give aa aniwer ; and at the end of the ncond ulnlh day proceed to law." 

" Whoevet ia to proaecute dadendudd bj bundls ind burden, b/ having been 
wíth his buodle and hls buidcn, his firc, himaelf and bb falher before him uaing ■ 
hearth, apon the laad, íb M be there, without answering. three nighls and tbree 
daya, and gire an Buswcr ; and «t tbe end o( the ninth day, law." 

"And tlie dadeodndd* ate nol to be adj udged to anyoiie, unleaa tbere sholl hava 
bten ■ grant and delirery of the land to hlni previuusl> b;- the lord." (Andeut 
Laws and Institutea oí Wales, vot. i., p. 171-) 

It ia tn be ohiened that ttiese fornu o( aclion are conflned to cloims fouodcd 
upon actoal ouster, or by lineal descent to laads griuleil lo individuals in mtctbI 
property. The niirow limiU within wliich ■ claim by !ieredítaiy descent wero 
T«tricled by ihe Welih law are suhieqaentlj eiplained in the sectlon dI tha 
Inlrodactioa dealiag wílb the fina and the stilfine orgaiiiiatloa. The full detalla 
o( thv ptoceduie in such cases arv in Ihe same woilc, toL ii., p. 277. 



XZVlll IHTRODnCnOM. 

power of ihe saoerdotal or patriciaa classea If Íhe correct 
falfilnient of andeDt iraditional litanies, or ibe dramaiic 
perfonDance of a complicaied panioinime, was necessarj for 
eveiy tribe man who desired io accomplish his devoiions or 
to assert his righi, ihe class, which possessed ihe iraditional 
aad reqoisiie formulse, exercised an undefined but un- 
limited influence over ihe uniniiiated lower order. The 
first step towards ihe establishmeni of original judidal 
power, was Íhe publication, or perhaps Íhe vulgarísaiion, of 
theantique formulso. A knowledge of ihe cusiom was pracii- 
cally useless unless accompanied with ihe furiher knowledge 
of Íhe appropriate foim of aciion ; hence immediaiely aíier 
the paasing of ihe Twelve Tables a further effort was made 
to prescríbe regulaiions for ihe forms of procedure, or ihe 
actíons of Íhe law {legea actionea) ; and hence ihe severíty 
of theblow inflicted upon ihe Patriciaie by ihe devulgation 
of Íhe formul» by Flavius Fimbría. There is some incon- 
mBieney beiween ihe iext*and commentary as io the form 
pursued by a female claimant, but upon iho whole ihe 
prínciple of ihe variance betwccn the two ceremonies is 
obvious ; ihe 8ymbolical aets io be performed by a woman 
represenied ihe ordinary incidents of her occupation of ihe 
laad ; for ihe horses led by ihe man, in her case wcre substi- 
tated the same number of sheep ; ihe períod of ihríco tcn 
days was in her case reduced io thríce four days; she made 
three successive entríes, firsi, wiih iwo sheep and one female 
wiiness; 8econdly, wiih four sheep and iwo female witnesses ; 
and lasily, with eight sheep and Íhree female wítnesses; the 
text cites what must have been considered ihe leading case 
of the woman CSannacht^ which coniains further partículars 
of ihe procedure which had apparenily fidlen inio disuse 
before ihe daie of ihe commeniary. li was necessary for 
ihe claimants of either sex upon ihe firsi eniry io remain a 
full day and night within the fence, and by the commeniary 
it appears ihat upon the second eniry also it was neoessary 
for ihe woman io remain for ihis períod úpon ihe lands; the 
wiinesses therefore who accompanied her upon ihese occa- 
sions were women, not men; but upon the occasion oí the 



ISTRODUCTIOS. 



tMrd and Bnal eiitry she " claJmed her right with a male 
witnesa." Whatever be the reason that upon the two first 
entries the witnesses were fcmale (as to which the gloss givea 
a curious explanation), it Ís evident that the witncsa upon 
tho occasion of tbe tbírd entry waa required to be a malo, 
and we may inler that thia arose from his fiilfilling not 
merely the duty of witne.i3ing the transaction, but of inter- 
vcaiug, in the name of ttie commuQÍty, in the manner above 
suggested. The original aUo representa Ciannacht not onIy 
to have driven the appropriate number of sheep into thc 
hind, but atao to have carried with her a. sieve, a kneading 
trough, and a balring inatrument (probabIy a griddle); these 
articlcs clearly indlcated her intention not merely to enter, 
hut also to FemaJn upon the lands, and to pcrform the duties 
of her position aa houaewife. 

ThÍB ceremonial, necessary as a general rule for the asser- 
tion of a claim to the possessioii of lands, was, from its 
nature, in some instances impossible, and in many Íncon- 
venient; and the form was therefore varied to suit the 
peculiar nature of the caso, hence the paflsageinthetext: — 
" There arc seven lands with the Feini— into which eattle are 
not brought for entry ; it is men that are requircd" (p. 7) ; and 
thatinthecommentaiy t — "the samenumbor of cattlewhich 
is brought to take possessiou of the other landa is the number 
of men that shall be hrought lo take possession of these lands " 
(p. 9). The two íirst cases excepted are thnse in wiiich the 
entry with horseawas abso]utely irapossible, viz., (l)adun fort 
witbout land, or (2) a church without a green ; the four next 
exceptions arc cases in which the horses to bc brougbt upon 
the land wouid bo eiposed to some nocessary peril, viz., (3) 
*' a land upon which there are plunderers," which is glossed 
as meaning a land upon which the cattle bave been killed ; 
this ia a very ambignous expreasion, and may bear two 
entirely different meanings, according to the reference of the 
term " plunderers," either the persons Ín occupation, or to 
third parties ; the general object of the exception Ís that 
the claimant should not be obliged to go throngh tbe details 
of tho ceremony, if there were reason to anticipate his 



ln^ 



INTRODUCTION. 

horses would be injured or siolen ; (4) an island into which 
it would be impossible, without great inconvenience, to 
bring the horses; (5) land the cattle upon which were 
suffering from murrain; (6) land the cattle upon which 
were upon certain contingencies liable to be seized by 
some local potentate in exercise of some customary ríght. 
Two instances of lands of this descríption are given; the 
lands'of Tir-Mudhain, the cattle upon which were forfeited 
to the King of Caisel on the day on which he assumed the 
sovereigntyy because the inhabitants of the lands had killcd 
a former King of Caisel ; and the lands of Rod-Adamair, 
the cattle upon which were similarly forfeited to the Coarb 
of Lismor the day on which he assumed the Abbacy, a custom 
explaincd ba the reward granted to Saint Mochuta, the 
founder of Lismor, for having expelled a serpent out of the 
lands in question. In both these instances the lands were 
subjected to somc curse or pcnalt^, in expiation of the sins of 
their former owners, and such exceptional rights should not 
be confounded with any of the feudal incidents ; (7) the last 
excepted case is that of " land which the chief divides after 
the death of the tenant (occupier), where a hole is niade, 
where a stone is put" It is evident that this passagc was 
ambiguous to the glossists and commentators ; the immediate 
gloss upon the text is perplexed and contradictory ; it scenis 
to explain the exception as referring to any proceeding on 
the part of the chief to re-enter upon a portion of tlie tribc 
land (dibadh land), after the death of the member of the 
tríbe to whom it had been allotted, for the purpose of rc- 
distríbuting it. In a later passage of the text, which occurs 
in page 21, there are two classes of land excepted in thc 
following words, " except m ilte, case of the lands of Conn 
Cetcorach, or of land devoted to the support of a mansion 
which Í8 a Nemeadh-person's," the latter of these exceptions 
manifestly corresponds with the sixth exception of the 
passage in the 7th page, and it may be assumed that tho 
former exception, in the latter passage, agrees with seventh 
exception in the earlier portion of the work; this is 
rendered certain by the explanation in the gloss that the 



INTRODCCTION. 



phrase " Conn Cetcoracli'a land " denoted eome partieular 
portion of the "dibadh " land ; the gloss in pfige 23 explains 
the exception as roferriug to a contcst betweon tribesmen 
upon R re-diatribution of the land by the chief, but adds tho 
very difíicult paasage, " as to the land which Ía lent or let 
for rent, it is into it the requisites for taking possession are 
brought." That the ancient ceremonial should be exelusive!y 
(or at all) applicable to landB let upon rcnts, is hi«hly im- 
probable, and it is in contradictiou to the cases of Ninne 
son of Matech, and Ciannaeht, which wcra evidently con- 
sídered aa leading authoritiea. The onIy explanation of tho 
gloss which can bo auggeated. is that the glossist intended 
to distinguish tlie two claases of lands ; those held in common 
by the membera of the tribe, and divide<l and re-divided 
among tbera by the chief, to which the entry with horscs 
waa not necessary ; nnd those hcld by members of the 
tribe jn severalty, to which the ceremony waa applicable ; 
but that at the date at whicb tho gloss was writton the 
freo members of the tribe had been reduced to the position 
of paying rent to the cliief for the iand held in Beveralty, 
and that thua the payment of rent had become one of the 
incidenbs of several ownershíp, 

The claimant having, however symbolicalIy, asscrted his 
claim to poasession of tbe lands in question by a forcible entry, 
if he failed to sustaiu hisnght.liecameatrespasscra&ÍTiiíío, 
and waa bound to pfty damages to the dofondant whosc 
oucupation he had wrongfuIly disturbed. Every et&p in the 
procedure had to be taken in auch a manncr that the damages 
for the entiy, if wrongful, wcre ipeo facto secured to the defen- 
dant. In tho case of a male claimant, every witness, whom 
he brought with liiui on each occaaion, waa to be of an honour 
price cqual to the value of tho land. The fine for the entry 
Íell upon the claimant and his witncsaea, who, most probabIy, 
Ín the fiubsequent procecdinga testified to the validity of the 
claim, and it would aeem that when the claimant, after the 
third entry, was put into posaeasion of tho lands in question, 
ali the stock and other propertj bronght in by liim upon the 
lands, were charged with tbe damages ultimately to be found 



XXXll INTRODUCTION. 

payablo to the dcfondant if the olainiant^s case failed; and it 
niay bo conjucturcd tliat in thc (»ri<j:ínal form of the action the 
clainiant was bound t4> ])ut on thc land upon the occasion of 
his third cntry 8toek cquivalrnt t<) thc valuc of the land ; such 
at lcast sccnis to bc the i^assa^jc in thc text: — ^"If there be 
Fcncchus," (subinis.sion to arbitratiun Ciincedcd as a custom- 
ary right), "8peo<ly juilgenient is i^sisscd in his favour. If 
therc be not Fcnechus, lawful possession m ffiven; its prioe 
is to be otfered with sheds, eows, food, liabitations, attend- 
ance of cattle, except in tho case of thc land of Conn Cetcoiv 
ach, or the land devoted to the sup])ort of a niansion which 
is a Nemadh-pcrson*s" (p. ill). 

The cxceptions prove tlie rule that it was nccessary in all 
other cases to bring in the e<iuivaleiit in ]tr«»i>erty. If this 
bc corrcct thc anaIo^^y to thc actio HtiCi\im4:nti in all ita 
csscntial points is coniplete ; and the pro])erty to be plaoed 
upon the land represents the subjeet niatter of thc symbolic 
wager. This 8ystem of counterclaiin was strictly logical, and 
founded upon the mode iu whieh siieli transactions wcre 
regardc<l by a triljc in an early stag»' of eivilization. Tlie 
8ymboIic act was regarded as a real and bond /Íi/í* transaction, 
and all tlie cf>nse«|uenees followed from it, whieh should 
havc followed if the tliing dnimatieiilly re|>re^ented had really 
taken placc; thc cerenionial was a short-hand modc of writ- 
ing, but was for all puri)0s«js that whicli it rí*i»rcsented. Tho 
defendant was forced to arbitralion upon tlic assumption of 
an actual conflict, arising out an actual advei-se entry; the 
claimant could notdeny the realitv of the tresj^LNS, which was 
the basis of his claim to obtain a judicial decision of his 
rights, and was est<ipped from trasvcrsing tliis fact whcn the 
defendant sought in his turn ilamages for thc wroug sym- 
boIicaIly inflictcd. Thus, among the Maories, when a man 
guilty of manslaughter ex[>iated the olfcnce by submitting 
to the form of being wounded by tlie avenging kinsman, he 
was considered as al)solutely dead for all purposes ; he lost 
his status as a mcmber of his trllx'; his property was divided 
as if he were actually dead, and lie was, as if a stranger, re- 
introduccd into his original tribc by thc ccremony of adoption. 



INTRODtronOH. 



XXXUl 



^ 

to 



The amouni of the fine to be paid by the unsucceseíul 
clairaanfc, iis may be anticipated. varied, according to the 
Brehoc Law, with reference to the various circumatancea of 
the caae. " If tho nobles bave entei-ed over a full fence, and 
it ia a land wliich has not a ehief and a tribe, it {ihe fine) ia 
a " Curahal " and forfeiture of sfcoclc If they have entered 
over an half-fence it ia three-quartera of a " Curohal," and 
three-fourtha of the Bfcock. If they have entered on land 
whích has not any fcnce at all, it is half a "Cumhal," 
half the stock. The stock only is to be divided by the 
plcbeians, and half a "Cumhal" is the fi.ne 'ifit he in Cain- 
Law.* If it be land that has a chief and a tribe, ifc ia for- 
feiture of the stock with a "Cunihal"^íie, if entmnce be 
made over a fuU fence, and one half if there be no fence at 
all ; and tliis is the name with i'espect to plebeians atid 
noblea" (p. 25). 

The peculiar distinction in thia passoge between land 
which haa a chief and a tribc, and that which has not a 
chief and a tribe, is worthy of observation. The original 
traiislation has in many passages given this meaning to the 
words in question ; it must, however, be confesscd that this 
translation ia most unsatÍ8factory ; it implies the existence 
of extra tribal land, a fact most improbable in a country 
EUch aa Iroland, in which there wns no fringe of nnsettled 
lands between the Celtic occupiers and an anterior 
defeated population; tho whole island was divided Ínto 
distinct and veiy well-defined tribe districts ; neither between 
tho tribe-inarks which must have been evcrywhero con- 
termÍnou.a, and still less within thcirlimits,coulJtherehave 
bcen established independant landliolders, disconuected from 
the prevailing sy8fcem of society. It i» to be obser^'cd that 
tho word in these passagcs translated " tribc " is " coibhne, " 
which is tmnslated "heredifcary right" by tho same trans- 



■ WtB Ihe forfeiturc of tbe elock Bbsolute t 

I trtbe ? or did It in thin euo nUo deiieml on ( 

IMt wilbont heaitBlion, we adupt tbe form«r I 

Isnda tlio stock «lU nb9o1ately forfeited, bscao» 1 



OM uf Ijtnd without a chief oT 
laltoF tlio actioQ? AtUiDUgh 
, viz., Ihat la the cmo of SBch 
e form ot Bvlion wi> inipiiU- 



uble. Thit tbe forfcltarG w«i *b«alDto maj be Bitbered trom p. lÍT, Une 24, ond 
p. 31, liQO 31. 




IXTRODUCTIOS. 



lator in Bucb paawges as " land to whicfa he thiiika he has 
an here(litary right " (coibhnc) ; and the word coibhne itaelf 
in frequently used aa designating a particular class of pro- 
pertyin land, coiblme-land as contrasted withdibAdh-laod.* 
The term must signify both tfae nature o£ the right of an 
individual to certain lauded property of a particular cbaracter, 
and aXso tlie land wliich was itself the siibject mattcr of Huch 
a right. In the original text (pago 39) the cUims of hoira 
of females are spokea of as affectiug " cuibbne "-land, aud it 
maj be reasonably concluded that the coÍl>hne-Iands were 
those wbich had beeu allocated iii severalty to distinct 
Eamilies, and were desceudable in the families of the original 
real (or aupposed) pnepositus. TIio tribe lands, being 
tbose held in common by the membei's of the tribo, are 
manifeBtly deecribcd aa the dibadh-Iands, in which the 
share of each occupier was for life oiily. If this conj«cturB 
be correct, tbe passages in question should bc trausUtcd 
" Xiands which bave not an owner in Beveralty, and bercditary 
transmission "'; coiÍiAne-land would thus bo equivalent to tho 
Norse "iwíar'-Iand ; and the Bame word wbcn naed to expreSH 
the right of an individual to such land (or his share therein) 
would correspond ío the well known term " udal-recht," If 
this conjecture bo correct, mudi of tlie ajtparent difficultiea 
and contradictions in the text and commcntai'y would be 

* CUitá, or MH, is limpljr a larm ol tlia worU meaning " head,'' Bnd, u applted 
tó iD Individast, miut be ■ comlatire lcnn, indicatiae the poitlon ol tbe Indl- 
vtdiuJ apeciOed lo relatlou to one or icDre nthen. The idea implied I17 tbo word 
" ctAne " it Uut oí the isming oat tad interUdng of rarion* bruchei iprio^nf 
Irom oiie coomon «lock, uid it lliiu means an ■swciitiaa uf penaai BrOBped 
togetbcr itith reference to ■ cominoD right or tuhject<mBtter. Thii la euctly llie 
andwit idea of Ihe owncnbip of "hereditWf " lands, nol Uad <n lu entircljr 
ttuinnittcd from oiie iniUvidDil to ■doUu!]', accoiding to ccnii& rnla of lacee*- 
tfon (wbicb ie our modern canception of hclnhip), bnl land in wUch lU Uh 
deic«DdenU ol tbe origiasl ■cfinirei joint1y takc in intereit. Tlui coilne properlj 
niBiDsiroperty beld jointlj b; ihe acqoircr and bia detceDdcDtL Tbebtad ot ut 
tctiul or potcnliel [■milj^ would bc tbe cund, or codu ; uid U the fimilr wer* 
orgBUÍied 00 tbe gcilflne •jriLem, fae would be theD identicsl wlth the " fieQflnc- 
flutfa." Dibadh propertj, in ÍU oTJgiai] tenae, as conlresled wilh coibDe-propertr, 
leems to cxpreu »ay propert; diviaibie, or ta lie divided, Dmong scvcral dlstiaet 
perwn». The ncceasarj eqaivocul utc o( iuch tetini is hereaítcr refcrred to In 
B snbsequmt Mction. 



lNTlW)D0í3TIO!r. 



N 



reiiioved. We find in tliis tracfc foiir distinct classes of land 
to -which tlie presciibed process of formol re-entry ia 
unapplicable, having roference to the nature of the estate 
in the land, and not to the localitjf or iutriQsic cii'cmnstancea ; 
the three more iniportant of these are the following ; first, 
the land describod in the textat page7, in the passageabove 
referred to, as " land which the King divides after the death 
of the tenant, where a hole is inade, where a etone is pnt "; 
whatever be the precise meaning of the rulc. the t«xt refers 
to dibadh-land redivisable after the death of each occupier ; 
Bocondly, " the land of Conn Ct-tcorach ", which also in 
explained to mean debadh-land, and, thirdly, the land which 
has not " ctmd " or " coihhne" If the third clasa of land Í9 
Bimply a negative description of the lauds inchided Ín the 
preceding passages, the meanÍBg of all these passages is 
simple and clear, viz., that the common tribe lands, dia- 
tributed fi-om time to timo among the general membera of 
the tribe for agricultural purposc», and meared by distinct 
mounde and boundary stones set up by Ihe executive of 
the tribe, and in which the owner had on]y tmnaitoty 
intereats, were not lands to which the procesa of recoveij of 
posscssion by entry was applicable. The foiirth excepted 
class of lands, viz,, those subject to tlie rights of some 
Nemedh person, are lands upon which the process is rather 
facilitated than prohibited, in the interest of the claimant. 
It ifi a comraon error to a.ssert that atl landa in Ireland under 
the Brehon Law were held ns tribo landa, and that the 
entire tribe were the ownera of the lauds coiupriaed iu the 
tribe-diatrict ; it is manifest that much land was held in 
Beveralty, and upon such terms that individuala had specific 
righta in distinct lands, either by hereditaiy deacent, or as 
founded upon contract. It is quite possible that Íands should 
be cut out of the general tribe-land, and become the subject 
of several ownership and hereditary righte, without their 
vesting iu any individual in absolute property. Portion of 
the tribe lands may have been acquired by a single fami]y, 
or by on individiial on behalf of himself and his fami]y or 
posBÍble descendents, and these may liave been transmittcd 




iiíraoDrcTio5. 



r lwr6(Ut«f7 ■uccmioo, orsold without any ono person 
tuiriji([ the ríghiM which aro iinplied by the EDgliah term 
ib "«■tetc"; landii iii*y bo cnjoyed in Beveralty as between 
tli« fuuily uid tbe tribe, but jointly an betwoen the membera 
of tho fBtrjily itjiolf. Such wcre iho priiiciplcs of the Norse 
Uii»i tctnurn of Iftnd ; and nomo iuch »yst*m of land-holding 
MMiina to bn tlio banÍB «f tho Cultíc Uciirino s^Btem, which 
it ÍR [iropuHfd Ui ilcal with Ín tlic f»I!uU'in^ Hection. 

A DiiritiUH excc]itiun to thc necoH»ary f»rmu)[o occurs in 
thii i'iMo iif ÍndividuiilM lUwrÍlwd a» " níííetA "-jwrsoaa. A 
ífitfivA-iii'non b dt>íinc<i in the oommenlary as one"who 
WAN u|i tii thia limfi (Ihfi tivte of Ihe aclion) abroad, íiving 
nimrt (\tw\ iho Irilio, and who docs not know tliathohaa 
lint Iniul, aiul ho (hiuh':* with his cnttle, aiid hts neighbours 
iiiiy thn liiiid it hÍ!«. niul judgm t«>ll him to go as íar ns the 
thli>Urth.iluiid"([i, 2t)). 

'l'hn itiílfH'A wan thorvfurc ui ncknowIcdg«(l tnbeaniiui, 
wh», n11»r Ion|{ nlutoiu'a n>tui npd t» his tríboi axKL Qpon Um 
liin>rmnti»n givoii tn him by members of tiw tríbe^ pm- 
fwoiti'd 6»iiit fiiie to asMrt hin hcrvditiuy rígbt to tlw ooifaoc- 
ImuU of hi< l^mlly. 

Tliu utiltiihM wpni diridod into thtve cUssw; tbe tvo 
lliiit woiu thii riinii wlio Imd i;[tit itito fAÍIiuv. and thm Baa 
wlui luul iluw>it(>.l ii[iiiu flillurn; Itotli thv» chi 
VltiiMi wh« liHil li'>t, »r l'nlloil lo oblAÍn, any shi 
luiid, uiul wui'u M» l» iMy " iiut iih tlio nj«d'^ Úm tbM du» 
.4 ii^iUal. I» doflntid IhiiM, '■Thii Kins boUMnilM^lw- 
tíHi»» hu iiwiia lil« «liiuii iif wnini <if hi« roftil, «ad «h» hmm 
Ifú itMwiimlíy " ^l'uiiu Hl.) Tliti inlnxlurtioa of tiw timg 
Íf)ifi tlu» uhiat nl bi nlt tiii iiiuii la iihibnU/ du^ to a ft ma M plsf 

Zui vrmU, il'MMV, liuWMvi*!', Im ulaorwi. Owa Úm K , i «fr wW 
Hu4 » fUutt lii uiiy iui|hi)»-taitda iu a tríW 
Nritulil ^ijifUhly tiu iMtilHiit iiuUlil«« aihl wowM 
(llJllii'iM hi oMi^ »ut< (Ji(i titll iwi-«MitmM i« d» 



^MitÁ- Ui ii4iu J<i« Untim il|iii|tiilid iiff tW tuid ik JfafiMte^ 

t/ÍÚwph'^uf purt'/iÍM, liii\mi iMi ÍMvm v€ •* jgnm'' tt tm 



IMTaODUCTION. 



[ own to reaort to íq tbe meanwhile ; and what -was more im- 

portímt, he was not in himself a securíty for the damages 

the oceupier eouid recover, if the claimproved tobeground- 

less. He was therefore permitted to graze his horsea upon 

thc lands during the ÍntervaJs hetween the cntrieB, paying 

I a fixed price for the gi'azing ; and, if the case were decided 

F against him, he waa atlowed three day8 to clear out, and, 

I Bubject to the pajment of the small damages of three "seds," 

f he was permitted to drive ofF bis beasts (p, 27). 

The original text, and tbe detached instructioos in the 
[ commentaries, contemplate the uao of horses exclu8ively ia 
the aymbolicaI entry ; and horsea appcar to bavo been both 
the original, and at all times the preforablo stock for the 
purpose. In the gloss an illegal entry ia defíned aa 
" the bringing illegal means of taking possession into land, 
Í.C., cows after horsea when he could find borses," the íine for 
whichwasa "cumhal" orforfeitureof stock,orthree "seda"; 
the glosststs are at variance as to the precise amount (p. 33). 
It i.s evident that at some period cows were substituted for tlie 
horses, which in the original ceremony wero indispensable. 
There apjjeara to have been some distinction, certainly, as to 
the amount of fines, between tbe case of an entry to recover 
possessíon made by a noble, and one made for a similar pur- 
pose by a aimplo freeraan, or plebeian, as it ia translated. It 
may be conjectured that tbis forra of action waa, in Íts 
origin, confined to tbe recovery of lands by the patrician or 
noble class, and that tlie horses and chatiot were the symbol 
I oí military possession, as was tbe lance (at later time repre- 
sented by tJie wand) Ín the case of the Romans ; that a 
siniilar form of action waa invented for the benefit of tbe 
lower orders, and that ultimately the two formulíe were 
confounded, althougb it waa alwaya understood that the 
claimant only used cattle instead of horses from necessity, 
and that he was not at liberty to substitute tbem for boraes 
" when he could find horses." 

Tbe forms of the Brehon procedure for recovering the 
possesBÍon of land ended with the reference of tbe dispute 
(o ajbitration ; tlje object of the process waa tbat hia right 




niTiii 



urTBODDcnwr. 



r ebooldb 



d to tb« d&únotit ; tlial there ahoold 
be "Feiúc^iiB*; ths pBMurt wu pat upon thi; defeDdanb 
tb»t tboe tni^ be 'Fenedini.'' » proceeiling or judg- 
nent ta aeeotómtit witk tlie eaatOBi of the tribe. Thas the 
vboie oenauBjr of t^ BoiiMn actio ended with thu Bppoiat- 
meat of tlw jvda. Tbe anrtrat procedure endcd preciscljr 
at tbe poínt where tbe modern coniiaeDce& As to wbat 
h now considexed tbe eatential of an actioD, thc pleadingH 
in coort, Gaiiu dismiaaea it in very brief terms ; " deinde 
quom ad judicem Teneiant, ante<]aam apud enm causaiu 
pemrarrat, solebant brenter ei et qua«i per judicem rem 
flxponere ; quae dioebotur causse collectio, quasi causee eute 
in breve collectjo." (Guns I \'. 15.) 

To undentand tbis we lequire OQly an account of tbe 
mode in wbicb a tlÍBpate is decidcd in an Indian village 
communit}'. The caae ts Bulnnitted to tbe cntiro bodf of 
tbe inhabitaats, who reproseDt the orígioal tribe, or family, 
to tbe patri ct a n s in Iwi of the Bioall " civitaa." The 
bodjr tbus aasembldd combine in thi'uiselvcs Iho func- 
tions of witDOMes, judge, aod jury. They include in 
theír nnmber all those who knew the t'acts of the case, 
" tfae respectable men of the neighbourliood," so faniiliar to 
m aa oor aacteot fotm of Ínry. They themselves are tbe 
lÍTÍng t«stimony aa to what is the custom of thcir com- 
mnútj'. and tbis antMH they apply to the facts of the 
eaoe —un iii J to be witláa tbeir own bnowleJge. The 
Tilbigei» taJk ow tb* tam anong themselves, apparentl/ 
ia ft v«7 imfliwJ Maoaer; acpsrate groujw form, wbo 
dwe«a thc y ei«ÍQa íoi «HÍBaa waya ; but at length a result 
'm eralviJ; títmt i» a yíal oonsensus arrivcd at, and the 
jaií^wf ie ^m ÍH a piti«ly concrete forin. In Mr. 
Wanan^« deanllltÍM «f Ifce eooriued discussion aod ultimate 
ni ia h ef a— ámrfaBoaeian Uir to assess taxation and 
dmd* Um TÍHniii hmét. wc have a vivid description of the 
woAámfffttit Meb * ^rfnrtíve aásemhly. At this atage of 
«ti ifl faa l iu a 'A 1» étm lliat ihav waa no form of procedure 
atm dMi »all«wwiaa %o arWtnttíon. Wben the community 
Ittdgpwn» IM laqji |«iií( togMbcr «od decide aa one body 



ISTRODUCTION. 



upon the case, a coniinittee of the entire 1)CKly would be 
appointed to hear and decide the dispute. This atage of 
the judicial developmeiit cxistcd among the Icelandic Norse. 
Of thÍ8 procedure there are the moat detailGd accouuts in 
the two trials before the Althinga related in the Saga of the 
Bumt Njal, and before reforred to, In thcse cases it is 
evident that the defendants were not bound to submit 
to the jurisdiction, unJess the preliminarj ccreraonies 
were accurately gone through, aad the judges selected 
in accordance with the custom. Numerous poÍDts of 
the utmost nicety aro raised by the defendante to 
evety step of the action, and equally technical replies are 
made on behalf of the plaintifls. These very special potnts 
of praetice are decided by the general aaeembly, because 
tbey were antecedent to the ereation of the conrt. Uut it is 
Bomething very foreign to our ideas that the judges, 'when 
at laat legally appointed, neither hear any Bpeeches from 
the parties, nor examino witnesscs ; they retire from the 
pnbUc meeting, talk the mattcr over, and come to a dccísion 
on grounda whoUy apart from what we should consider the 
mcrits of the case. When a 8oeiety became numerous, and 
its ciistoms complicated, tho general public natura]ly felt 
their own ignorance of the íraditional ndcs by wbich any 
cases ahould be decided, and there arose a necesaity for 
experts who had raade the knowIedge of the traditional 
custom their special Btudy. The Icelandio Norse clung 
tenaciously to the custora of a public as8enibly, and solved 
the difficulty by the appointmcnt of tlio " Speaker of tho 
Lawa," who attended the Althing, and waa its professional 
adviser.* The Celtic Irish lost the ancient custom of the 

■"In Uia«edi7s tbarainra no boohi; eTíijthÍng irai tnditionil ; theUwÍtMll 
wu MiniiDÍtted lú memor^ ■nd Iha caslad}' of lailliful lip*. Tídiii out of miad 
ttiere bad exiited (mongst Ibe aalioni of the aoilb men wbo, lilie Uifljitt, had 
Biade the «utoiDary U« tbcir Mad^, Bad Uanied Ítt trtditioaal precepls hy htart. 
There were the lawmec or líiiiyen (IOen>enn)i n ol««» whiih ve •hill tóil find 
flourishing in tho time of wbieh om Siga lelU. Thejr were private peraon», 
inrealed with no olBrial eluríctír, bnt who eDJDyed all the iaflDenee wbifli in 
gxclnuTe Wnowledge of anjr one ■abject, and, meit ol aU, of sach ■ diRicnlt aabject 
»9 !■«, miut neeeuiril^- give to inj oum in u t»TÍy aUta of loclet.v. Bat wben 




INTRODUCTIOS. 



general aasemblj, and tbe decision of what the local custom 
■waa, fell into tbe handB of the Brehona, tbe hereditíiry and 
profesaional posaesaora of tbe secret of tho custom, But the 
£rehoii was not a judge in the modem scnse of the term; 
he represented the assemblcd tribe, and when ho bad once 
got poasession of the case tliere were no sacred formutas to 
preBcribe the mode in wbicb it should I>e conducted, It ís 
evident that the refercnco of thedispute to a single individual, 
in whatever cbaractcr he acted, necessarilj- introduced new 
elementa iu the procedure ; the court no longer could be hcld 
not only to decido upon the law, but also to testify what 
the actual facta were ; benco the Íntroduction of pleaiding» 
(pauaa collectia), the fiill sta.tement of tho caae ( pcroratio), 
and the exauiination of tbc wituesse^, and also the «rrange- 
menta for the remuneration of the judge. The foundation 
of tbe jurisdiction of the Brehon, as BÍmply the profcssional 
witnesa of the local custom ftpjtlicable to tho fiLct^, (and 
unable to apply to the case, what in Euglish law Ís tcrmed 
" equity," the appeal to an over-ruliug moral law antecodent 
to or over-niling the tcehnieal law when it workcd Ínjustice,) 
Í8 illuBtrated by the rule (page 51), " Constant is every old 
law of every territory of covenanta. When any ten-Ítorj- is 
uncovenanted, it ia then every disputed case is brought 
before the King." By a " territory of covenanta " is meant 
a diatrict in which there wos an established cuBtom, sup- 
posed to rest upon the " conaensus " of the tribe, and which 
wa.s teetified to by the local hereditary Brehon ; '■ terrítory 

the AlchinH wa* cstablisiicil, Ve Bnt hear of b law officer properl; ao-cállaL 
Thil U wb»t HC h«ve callcd Ibe "npwiter ol Ihe Uw.- Hi« boDndea daly 
<t wu to recite pDl>lick1]' the whole Uw wilbia tho iptce to wbich ths 
lCDorO ot hia olGce wu lÍRillnL To him all wbo vcro in neeil of a legtU 
oplninn, or aí ÍoIurinftlíoTi •■ to whal wu ot wu not law, hed a rigbt to Xvxt 
during the meeting oí the Allhing. To hira ■ «jrt of preiidenc]' or precedence 
■t Ihe Althing wat conceJed, but with ■ aie which nmrlu how je^lonilj tba 
joung Republic guftrded itself ■gainit bettowing too ^real power oii iti chief 
oíFlcBr. He wu ejipreu1y eicluded fiam all ihare of the eiecutire, ■nd hiii leanre 
of office waa reslricled to tbree f eura, Iboagh he migbt be rc-eleclcd at the end oi 
the period." Daaent, BumlNjsl, p. Ivi, 

The judicifllpowei ia IceUnd wu TeBted in Ibe Coart of l.aws, compoecd of tbe 
pricstlv heids of Ihc originai familiea, esch with two ■bh«oi>, whom the official 
UwyFt iuslructed upon ■n; pobt of Uw, if requestcd lo do m. 



ISTttODUCTION. 



xli 



^ 



uocovenanted " Ía glossed " where the defendant or plaintifl 
haa not a Brehon," that is, when the community has failed 
to i-etain a record of their customs by the appoíntment of 
tha i-egu]ar witness to the existence and nature in tho 
person of the Brehon ; in such a district there waa no law to 
beappliedto thequeationindispue. In tliis case therefore the 
Káng himself was the jndge. Frora thLs passage we may 
infer that at a very early date the general meeting of the 
tribe, whích did continue to mcet for some purposes down 
to a late period, had lost ita judicial power, and that the 
King had acquircd the powers and pa^ition of the aBsembIy 
of the tribe, or. which in this caífe is more probable, there 
Btill hung about him certain aurviving fragments of his 
aocient judíctal functioii. 

When a profesaional or hereditary class undertake tlie 
duty of recording and transmitting tho customs of tbe tribe, 
the hitherto indefinite cuatom, or habit of actÍDg in a par- 
ticular manner, is uecessarily reduced to the form of abort 
rulea committed at first to memory, subsequentl^ to writiiig. 
Two fragments of tliesc ancient dicta occur in tho present 
tract (p. 39 and p. 45). The difficulty of translating pas- 
BJigea of this nature has already been referred to, but, 
dillicult as is the task of translation, more so is tho attempt 
to extract from tbem and develop at length, tbe customary 
rulea dimly binted at, rather than embodied, In the curt and 
oracular sentences. An attempt is here made by the afisist- 
ance of the glosses and commentary to espress in distinct 
terms the substances of these passages. The foUowing is 
submjtted to the criticiam of the reader by the editors, as a 
result of 8Uch a comparison, but made by thoso who can claim 
the possession of no source of information, which is not 
avaitable to the ordinary student. 

(I.) 

1. Tbe aona, and, if there are no sons, the daughters of 
tbeir motber, claim a right to enter upon and take posses- 
8Íon of the lands, in respect of which legal contracts for 
fiill conaideration, and dealing with coibue-load, had been 



XlÍÍ IXTRODCCTtOS. 

made with their mother, for tho geÍlfíBe chief, who must 
for this purpoee he one of the geilfine division,* confimu 
the contract. 

2. Bngh made the dedsion, vbich fised the rule of 
soccevaion to lands in respect of wbich contmcts had been 
entered inlo upon the occasion of a woman'a marriage. 

3. The lands are di^-isible with reference to the number 
of the member» of the family inelusive of the grandchildren, 
•od the great-grandchildren, but of tho land thus divÍBÍble 
ts excepted one-seventh, which beeomea the propertjr of the 
geilfine chief. This one-sevcnth ia fixed with referenco to 
the extent of tlie lands theniselve,'?. 

4. On the extinction of thc clasaofgreat-greaUgrandchild- 
ren, their land goea back to the other clasaes represcnting the 
thiee prior generations ; in such case tt is divided among 
the classes rcpreseDting the three príor generations ; on tbe 
extínction of thc great-great-grandchildren class the other 
classes of the fami]y became the owners. It is not divíded 
among them in other proportions than the IÍability for the 
wrongs done by members of tho family ; and, therefore, in 
such a case the class representing the sons gets no more than 
one-fourth part. 

5. When the memberH of a fami]y exceed seventeen in 
numbcr, they cease to be organized ft« a family, 

6. The fuidhir-tenants are not subject to any joint Iiability 
for wrong committed by their Itioaman, unleas they form 
five bouse-holds of tbem, completeIy organized as a family, 
upon tbe principlo of mutu&l liabillty. 

7. If the fuidhir tenants consist of five households, or- 
ganizcd as a family, under a chief, and having sufficient 
8tock, they diviele their property among them, as do the 
members of the family, and are subject to 1iability for each 
other's deeds in the same proportion. 

• It is »ub»«|usntly jucgMteÍ Ihat the exprmiiaB, " UnleM he bí the lUtb,' 
nuj b« t«ken in itt liUnl mhm ai meaDÍDg thc ■ixlh hcad a( tho limilj' in lidM) 
deaceat, * cuaitniclion ot the varda whlcb, in Iba view ■DboqucDtl}' UkM <tl Úm 
gdlBiM, wonld ba pacticallj «luivalcnt to thlt ÍD the lext. 



ISTRODCCTION. 



I 



(II.) 

L Bon does not succeed to all the land of hia motherj 
unleBS he claim it throngh her by virtue of a marriage 
contract of which the family had notice (i.e., unless it be 
"cruibfi" or "sliasta" land). 

2. (As to lands other than "cj-itiiA" or"8liaata" landa), 
her sons divide it upon her death, but (thet/ do not succeed to 
tlie entire) for one-half reverts to the family of the (lier) 
father ; the i-emaining half onIy her sons divide. 

3. Tho half, which revcrta to the faraily of the (her) father, 
the members of that family duly divide among themselves. 

4. In the caso of a " bo-aire " chief (who diea without 
leaving a son) there coraes to hÍ3 daiighter by right of 
relationahip no more than one-half, Í.e., fourteen " cumhals " 
of land íf the deceaaed had twenty-eight " cumhab " of land. 
The same mle applies to the " bratach " landa of a " bo-aire " 
chief. 

5. Land given by the famtl^ to the deceased to the used 
as a road, upon the terma of his restoring it, is to be reatored 
by his daughter, if she succeed, in its entirety ; but she is to 
be paid by the íamily upon giving it up, ono haif the valua 
ofit 

Of thoae niles, those mimbered I.. 1-5 appear torelate to the 
mother'a cruibli. and sliasta lands,and ai'c framed with theview 
of regulating that succeaaion in accordance with the princi- 
plea of the geilfine organization, wliich are subsequently dis- 
cU8.sed Ín this Introduction. The rules nnmbered II., 1-3 
deal with the auccession to a woman'a other than cruibh 
and alJasta land ; and those numbered II. i and 5 deal with 
the succesaion of a daughter, ia default of aona. to her 
father's land. The very remarkable rules, I. 6 and 7, do 
not appear to have any immediato connexion with thc ques- 
tion of female ownership of land. It would be premature 
here to consider the meaníng and operation of these mlea 
until the nature of the family itaelf and of the geilfinno 
system has been to some extent established, and the pro- 
posed explanation of the ayatem of descent is, therefore, 
postponed to a subsequent section. 




xliv 



INTRODnCTION. 



It reroaÍDB to draw atteQtioQ to some isulated rules 
ia the Uttor portion of tliia tract as iUuatrative of the Qaturo 
aod datc of the Brchon Law. Thc first paragraph, to whicb 
attention h desired to líe drawii, in the case of Scither iu 
the original text (pago 17). She claimed aa t^aiost the 
chiefa of the tribe, certain lands which they had taken 
poxaessÍoQ of; the gloss«B esplain thia by their having 
erectcd bouQdarie», or aet up stoQc kndmarka ; coinparing 
thifl with the passage in page 7, whero " dibadh " land is 
describcd as " tho íand which the chief divides after the 
death of the tenant, whorc an hole is made (or, o mound w 
rai^ed), wbere a stone is put," her ground of complwnt was 
that the chief of the tribc bad measurod off as common 
tribe propcrtj-, the land which she claimed in scparate 
ownership, Her father and mother were of diScrent tribcS) 
and her right to the laQd was establishcd. Sho thcn sougbt 
that she should not be subjccted to tbo impostfi which fell 
upoQ the unfrce holders cif land {" fuidhirs"), nor should 
Bhe be cxpelled from the land (put out into thc n.>ad), for 
failure to pcrfonn the military duticíi iacident to the 
possessioQ of thedaQd. She was frced frora this obligatÍoQ 
fof military services) by her tribe, according to the nilo 
" that female possesaion reverts, i.e., that onc-half of the 
land, which pasfted to a woman, falls back into the gcneral 
tribo land, and tbat in coosideration of thi.s tho tribe releasea 
ihe lesidue during tho female owuer's life from tho duties 
ÍQcideQb to tbe poasession.* It is clear from this rule tbat 

■ TlieM niles, u f u u thcj de&I wilh tl]« (accoiloa of womin lo Und, or Ih* 
eaeettúoa to Ibe Uad of vomea, miut I» tikai to rcprwnl tha «Sect of tb« 
judgement af Bri([h vhich eitablished the ríghti ot irntnen. 

The rule that «doicd, m belDg Incipible lo do niUtarf terTÍm, ehoDld faricll 
«M b>l( of tho inbeTÍlence, coulil be iuLraducnl onljr ■fier * dato at whleh Iba 
■nllltar]: incip>cily of vomen wu in icluiawledi^ facl. 

Thu woold brlng down ttae alteratioD af the lav ot nicceeslon ia the Utou o( 
womeato a dite aubnquent to thej-eu- 697. " CoDnecled Hilh Aduiuun'a jnuraejr 
tú IreUnd ÍD 697, ths JLDoaU rvcord > trtnnclian, which thrj' deefslch wlth 
•Dignutio brevltj-: Didil Itgm inmoemlám popuiu. In alher word^ tíuj ■llude 
to « *ooUI reformitioD, which wu brDngbt abuut \ij Adunoui, uid «hich, hsTlng 
obulneil the bighul Mnctlan of tba p«p1e, becime, w in the cue al muif tnodcnl 
AcU of railiunent, uaocinled with tb* name ol ths propounder. A ii-DOd «m 
coDTMud at Tui, witbin ta eBcUiure ciUed ihe lialll-mi-Senadi, « " Rath ct 



IIÍTRODVCTION. 



slv 



the possession of any portion of tlie tribe land entailed 
the dnty of militarf service; but that this was an incident 
to the poaaession of land by a free member of tbe tribe (as 
tbe " trinoda nqcessities " of tlie early English Law), not a 
feudal service due to tbe chief of tbe tribe. The contra- 
dictory glosaea npon this passage prove that the commentatora 
were unable to explain the point of the diviaion, and that 
tho conditioa of society bad then materiaUy changed since 
tbe date of the original text, Tlie note to thia pas.'wge, 
printed at the foot of page 17, abows how the latcr commen- 
tatora had loat the correct traditiona of the law, and 
preferred the dÍ8play of a scrap to genealogical inibrmation 



I 



thc Sfnodii,'' where tbs meinDrjr of tbe cbisl aclor wu perpeCatted io the nime 
f^pBtl Adhamhnuin^ or " PaTiUioii ot Adamnaa," iiliicli vn givea to ■ porlion ol 
th« iparej als» ia tbs SuiiiAe Adhamhnaiit, OT AiÍAinnaa'ii chairi the Ihinia 
Ailhamhn/iin, or Adaninati'a mouad; and the Croi Adhanhaaia, or Adamnin'B 
iiioii', ailuiited at tlie eait d[ tho Rith. Tliia nio)lTinil| or " L-onrentioa gtncril," 
vras held, ns a Bemi-legiuidiU'j record states, at the iastaace nf Adaauiiia, íor tlie 
piirp»Be of procurin}^ a nntiona] eaiLCliaL'at exeniptÍDg women TroTD nar snd expc- 
ditlons." " lleeve's Lifu ol St. Coluaiijn," p. 1. 

In rel»lion to this law tho foUowÍng piuisíga occurs in the " Vision of 
AiUmr.Ba," which ia preserved io IhD " Leabhar Dreac " ■■ — " Ic wus this precept, 
too, whicb wns prenubail in tho great convontion of tbe men uf Erin, wben 
Adamnan'í rule waa pul on tho Gaodhll, nnd wben wumen were nittde freo by 
Adamnan, and Finachta Flcdacb, aon of Duncliadh, son of Aine Slaine, the Ring of 
Erm, and bj tho mea of EriB also. For it wu allke tbat men and womea weat 
iotD batUe, and fato cDnBicb, ontil tho liale of Adimnan waa impoMd." 

" It ii to be regretted thit we have not a more hiatorical accoant ot the inelitu- 
tion of thia law than the following, whicb is talien from tlie Leabbor Breoc ond 
Oook ot Lecan : — ' Adamnnn bftppened to be travelliag one ótj throagb the plain 
of Bregia «ith his mother on his back, when tbey saw two iTmies Dogagcd in 
mutual conflict, It happened then Ilist líonsit, tbe mathcTof Adamnou, ahwTved 
a woman, witb an iron reapiag-haok in her baad, draggmg anotber woraaa out ol 
the opi>osite iHitUlion, witb tbc hoolc lasteaed in ono ot bcT breiuti ; foi men and 
women went eqa&lljr to batlleat that time. After thís Rouait saC down, and laíd, 
* Thou Bholl not take me from Ihis spot until thou excmptest womea for evei froni 
lieing in Chis coadltion, and from excunioni and hostings. Adamnan tiieo 
promiNMl tliaC thing. There happened alCerwarda ■ convcntlan (moii'oail) in 
Ireland, and Adamnau, with the princlpat parc of the ctergy of Ireland, went tu 
that OBiemblv, and he esempted women at Ib" (Petrie'a Tara, p. 147.) Reevcs' 
Life ol SL Adamaan, p. 179, notc. It scema ttut Adanman [aok occaslon of a 
great religious rcviral to ameliorate the condicion uf Ihe Celtie woman, and thaC 
tbe rerorm tbu9 effccled WM considercd u one of the great evenls, aa it un- 
doubtedlj wu, in early Iriah hiator}'. The celcbrnled judgment of Brigb, 
certainlf tbc rulcí embodicd in tlus CTOct, cianot have been oí aa earlier date. 




i 



xItÍ INrilODUCTION. 

to íhe intieUigible explanation of their text, Evidently for 
the purpose of getting in the names of her brothere, it is 
Btated that uhe daimed agaiiist her brothera ; the author of 
this caonot have underatood the fij-st linc of tho original tfixt 
which is very clearl/ explained in the glosa ; and Ihe 
pos5Íbility of an adverac claim by a sistcr against brothers 
iu reapect of land deri\-ed either through the mutemal or 
paternal BÍde, ia absoIute!y at variance with the expreas 
rule laid down in the conimeiitary, page 15, line 83. 

Wben tho authentíc tradition of the custom wae once 
affected by the changes in the existing modea of lifu and deal- 
ing with property which must have ai-i.sen fr<jm the poUtical 
convulsions to which tho IrÍah Celtic nation vras subjectcd 
duriugthehistoric period, theBrehonlawj-crshad nodefinito 
and abstroct legal prtuciples to guide them, aud thc antdogics 
which tbey may have discovered in tlie EcclesÍastÍcal and 
English 6y8tem8, with wLÍch they came in cuntact must have 
been essential]y misleading. Tbere is, therefore.no reason to 
doubt the fact, which Í3 patent upon the face of their writings, 
that the Brehon Iawyer3 found much difliculty in dealing 
with the ancient te.\ts, and liave annexed to tbem the moat 
varying and contradÍctory explanations. 

In most early cu8tomary laws tho víJÍdity of any traJiB- 
action usually dependcd upon the performance of aomo 
prescribed mode of stipulation ; the foUowing passagea are, 
therefore, worthy of noticc a» indicative of a vory modcru 
nnd equitable mode of viewing the cHscn(;e of the transfer 
of property: " (A8 to) the person who buy8 without stealing 
or concealment, with purity of conscience, it {Ihe aubject 
■matUfr of the ■purchase) ia hia lawful property, according to 
Ood and man ; if his conscience is frec, bÍ8 aoul i& free."* 
Tbere ia in this passoge an assertion of the doctríne nf a 
purchase for vaiuable coasideration without notice, and the 
tltle of the purchaser is referred to his mural condition at 
the date of purchase, not to the fulfilment of tho requisite 
ceremon/ of purchaso. The same idca is ovident in the 
following passage, also : " Except tlie covenantit which are 
forbidden by the Feini, nothing is due without deserriog 
*p*8«8a 



INTROUUCTIOS. 



xlvii 



I 



it, for every contract, which ia unaafe, ia eDtitled after 
nupUal present accoriiiug to tho Brehon, except in ca^ of 
poverty, or prohibitíon, or want of power."" 

In thia passage there »re involved the doctrinea of consi- 
derotion aa the necessarj basis for a contract, of purchase for 
valuable conaiderabion and part porformance, and of the re- 
acisaion of the contract by an ÍDequality in the conditioii of 
the parties which in equity would now cause ftn agreement 
to be set aside, or specific performance to be refused. Iii 
ihe lattcr portion of thia paragraph " povertj " must mean 
8uch pressure of poverty upon one of the contracting parties 
as would prevent his acting as a perfectlj free agent; and 
"prohibition," according to the gloss, tha fact of notice affect- 
ing the purchaser tbat the vcndor has no equitable titie ; 
" want of power " Ís explainoii as duress, or influence of » 
moral or immoral charactcr. 

There are other pausages in tliis tmct which lay down in 
a direct manuer the ancient theory of 80ciety that the 
individual cjdsta oniy an a member of aome recognised 
community and therofore that Íiis contracts are always 
eubject to rescisaion by tlio head of thc community to whicli 
he hdonga. "There ave four covonants which are not 
binding, though they {t/ie parties) ave procceded against; 
thal o/ a hondman with his chief ; o/a son with his father; 
of amonlt with his abbotj o/an "ulach" person with another 
if alone. For the chief, and the tribe, and the church may 
redeem (rescind) every good contrnct, and every l)ad contract 
which ave made with their subjects, except what they 
themselvos ordcr them ; for tliese aro the tbrce defective 
covenants mentioned by the Feiiii ; the covenant with the 
aubject of a church ; the eovenaut of a sei-vitor of a chief ; 
a covenant with fugitives from a tribe."t Tbe principle 
here laid down is clear and dbtinct, but even at the 
date of the original text it had become modified hy the 
application of equitable principles, forthe passage concludes 
thus: "They are bound not to be remisa about covenants. 



a [requíntlj' rcpMled iu 




xlviii 



INTRODDCTION. 



becanse íí ihey should be remisa about coTenante, then 
thej' do not annul the covenants of tbeir subjects," which is 
an application to the case of the cquitable doctiine of laches. 

ThÍa passage ia íoUowed by a \-ery obacure paragraph 
dealing with what are styled " temal covenanU," not agree- 
nients in our sen&e of the wonl but the legal results ariaÍDg 
from the acts or omiseion of tbree personti iu a certain 
relation. It is suggested that tbe pa'taage raay bo illuiitrated 
thus ; A contracts with B that the latt^r Bhould do something 
afTecting C, or whicb C inay forbid to be done, and C having 
notice of the transaction does not interfere ; and thereupon by 
reason of C's omission to do so the contract beeomes binding 
upon him. TliÍB principle, (Íf our expliinntion of the passngo 
is correct), b an excellout example of the equitable doctrine 
of " acquiescence." 

The latter portion of this tnict must be considered as a 
mere common place book of some Brehon, who wrote out in 
the blank pages wbicb foUowed the firsc part, a number of 
Índependent dicta, as he leanit them, or aa they occurred to 
hismemory; very few of these rules have any connecUon 
with the subject-matter of the original work ; there is little, 
if ajiy, sequence of thought, and they manife3tly are of very 
different origin in point of date ; this hitter portion Ís how- 
ever valuahle botb on account of the very ancient rulea as 
to the succeRsion to laod which are hcre prcserved, aitd aia 
iliustrating the extent to which the ancicnt luw was niodified 
by equitable principles, a result doubtiess atti-ibutable to tho 
indirect iníluence of tho civil law.* 



* "Tbe; ipcat L*lJn like > TaJtnr Unguige, IcuqhI in thilr common 
letchcrBlC bdiI U«, vberut tímj bepn chÍMRn and hoM on idxleai 
jan, caiining bjr rote the aphonnni of Hippocrale* anil lkc CáU Jiul 
■ teiT other pnriDga of thesa two ficultica. 1 b«ve aeea ibem wbere 
ichool. ten ÍD BOiae une cliambcr, groTelllng apon cuDchv* i>f atnv, thei 
their noaea, themielvei Iving proetnte, nJ *> le chaMt oM Ihtir íamx 
meal, bcing tba most p«rt Inílj' fellawJ of lwínlí-6T3 yan end 
i^. "Campion'a nccouutol Iretanil," pigv l!l (a.u. 1571). 

Mr. Prendergatt goea so íu u to •peak ol ihe Urehnn M t^riug ' 
ment accordÍDg to tbe Bnhon Code, íormed piril/ ol Irlab cnitunu, 
ot miximi callcd from the Rddiui lÁgtsl" (Tbe Cramwelliui Sellte 
edition, p. 15.) Tbl> 'a an exiggeralioD , tortoiutelj foi the iBttqiuiÍ* 
tbe Brehon L>w TracU. 



«cbnolior 




INTRODUCTION. 



IIT. 



I 



ThE "FiSE" AND THE "GEILFrNE" Ststem.* 
In alJ the Brehon Law Tracts there are references to an 
existing organization, generallj- known as the Geilfine 
fiy3tem, and to the four dasaea designated as the Geilfine, 
Deirbhfine, larfine, and Indtíne.f No distínct explnnation 
of the sj'stem m anjwhere given by the writ*ra of these 
tracts, but it is everywhere assumed aa existing, and of so 
well-fcnown and notorious a charaeter tbat it did not seem 
to our authors necesaary to state its details or to lay down 
the rules Ly whicli it was governed. That it was familiar, 
or assumed to be familiar, to the students oí these works in 
proved by the figurative use of the tfinua pi'imarily indicating 
the members of this system «« indicating certain definite 
relations of place ; rcmarkable passages of thia nature occur 
jn the "Bee-Judgment3"í and the " Right to Water."§ It ia 
obviou3ly impossible to understand the scope or meaning of 
tnany of thc rules contained in the original text, or of 
passages in the commentary, witliout forraing some clear 
eonception of this peculiar organization of individuals as- 
Bumed thronghontiaspre-ejdsting.andendeavouringtodefine 
the technical tcrms connected with thia sjstem, which so 
often occurs, used aometimes in a primary, and sometimes in 
R 8econdary sense. In the Book of AiciII, published in tbe 
last volumo of the Erehon lawa, there occurred a very 
remarfcable passage, explanatory of the mode in which 
property was divisible among the membci's of a family in 

L * It wu ari)i:inal1y inUnded lo have dcTOled ■ «epante wrtion of ibe iBtrodnc- 
K Uon tn Qifb ul ihB Trncls conUIned ÍD Iliis volume; it waa, howevn, diicovered 
P In llie jirogrcas ol the work. tb«t owÍDg lo tbe idtntltj' of the rtuulloat whivh 110)« 
la cerUin ol these Tracts, ic wm Impoísible to «dopt Ihis course withoot much 
repelllion o( pTevlous aMtemenu, or an emhairuiing amouat uf crou reterence). 
Theaectlom II(,, IT., snd V. nt Ihe Intioduction >re designed u dealiogwilh Ihe 
quíJitioBS wbich «ris8 upon the Trícts eDtitled " Of the Jud({ineut« o( evety Crime, 
ftt," " The Uad i« torfeited for Crimes," «nd " Tho Divisioní of thc Tiibo oí ■ 
TeiTllorx,'' ind >l90 with Ihe rulea of ■ucceMÍon contaioiHl iu ths Brst Tract in the 
volnm«. The conslderation o( the reniuning Tricts bu beeu aecesuriJ^ poslpuned 
UOtU afler the diicuuiun of the queiEian of Che " geÍlfiDe" íy«tcm. 
t ThÍ3 wonl samelimes RppcBn u " Innliae'' or " Finnfine." 

t p. 173. 5 p,207. 




1 INTRODUCTION. 

accordance with the rules of the Geilfine sjstem,* and an 
attempt was made in the Introduction to that volume, to 
explain the rules laid down upon tliis subject in the commen- 
tary upon the Book of AicilLt The explanation given by 
the editors of the preceeding volume of the passage, with 
which they were immediately dealing, has been to that 
extent admitted to be correct by the various authors, who 
have, since the date of the publication of the last rolume, 
written upon the subject ; and before any attcmpt to draw 
further deductions from the additional informatiou, which 
is afiorded by the Law tracts now for the first time published, 
it may not be inexpedient to reprint the pa^sage in the 
previous introduction dealing 8pecially with this subject 

" TLe most remarkablo custom described in the Book of Aicill is 
the fourfold distribution of the family into the * geilfine,' * deirbh- 
fine,' * iarfine,' and * indfine ' divisions. From lx)th the text and 
the commcntary it appears that tLo object of tho institution did 
not extend furtLor tLan tLo regulation of tLe distribution of their 
property. WitLin tLe family seventeen members were organized 
in four divisions, of wLicL tLe junior class, known as tLe * gcilfíne *- 
division, consisted of five persons ; tLo * dcirbLtíne ' tLe sccond in 
order, tLo * iarfine ' tLe tLird in order, and tlie * indfine * tLo senior 
of all, consisted respectively of four persons. TLe wLolo organ- 
ization consisted, and could only consist of sevcnteen members. 
If any person was bom into tLo * gcilfiuo '-divísion its eldest 
member waspromoted into tLe * deirbLfine* ; tLe eldest member 
of the * deirbhfino ' passed into tlio * iarfino ' ; tLo eldest member 
of tbe * iarfine ' moved into tLo * indfíne ' ; aiid the eldest member 
of tbe * indfine ' passed out of tLe orgaiiization altogetlier. It 
would appear tliat tliis transition fi-om a lower to a LigLer grade 
took place upon tlie introduction of a new nieml>er into tLo * geil- 
fine *-division, and tLereforo depended upon tLo introduction of 
now members, not upon tLe deatli of tLe sonioi's. TLo property 
held by any class, or by its members as sucL, must Lavo been 
held for tLo bonefit of the sur\'ivors or survivor of tLat class ; but, 
upon tLe oxtinction of a class, tLo proi)erty of tLe cla.ss or of ita 
members as sucL passod to tLo surviving classcs or class according 
to special and very tecLnical rules. 

" On tLe failure of tLe * geiJfine *-class, tlu-ee-fouHlis of its pix>- 

* p. 830, t p. czxxix. 



INTRODUCTIOIí. 



perty passed to tho ' deirbhfine,' three-8Íjrt«eiitlis to the ' iarfine,' 
aiid one'SLrteeiith to the ' iudfiue '-cIbas. 

" On the failure of the ' deirbhfine '-clasn, three-fourths of its 
property possed to the ' geiltine,' three-aixteenths to the ' iarfine,' 
and one-BÍxteenth to the 'indfine.* 

" On íailure of the ' iarfine '-class three-foiulha of its property 
paased to tbe ' deirbhfine,' three-aixteenths to the ' geilfine,' and 
one-sijcteenth to the 'indfine.' 

" On iailure of the ' indfino,' three-fourtlia of ita property passed 
to the 'iarfine,' three-sixtcentha to the 'deirbhfiae,' and one-sijc- 
teenth to the ' geilfine.' 

"On failure of the 'geilfine' and 'deirbhfine'-classes, three- 
fourths of their property passed to the ' iarfine,' aud one-fourth to 
the ' indfine.' 

" Ou failure of the ' iiidGne ' and * iarfine,' three-fourtlis of their 
property passed to the ' deirbhfine,' and one-fourth to the ' geilfiae.' 

" On failure of the 'deirbhfine' and ' iarfine '-classes, three- 
fourths of their propertj passed to the ' geilfine,' and one-fourth to 
the 'indfine.* 

" On failure of the ' geilfine ' and ' indfine,' three-fourtha of the 
proper^of the ' geilfine ' pitased to the ' deirfahfine ' andone-fonrth 
to the ' iarfine ' ; and of the property of the ' iudfine,' one-fourth 
pasaed to the ' iarfine,' and one-fourth to the * deii'hhfiue.' 

"Two poaaible combinations of two extinct ciasses, viz, : — the 
'geilfine' aud 'iarfine,' aud the ' deirbhfine ' and ' iudfine,' are 
omitted from the commentiiry. It would appear that upon the 
failure of any two classes the whole orgauization required to be 
cumpleted by the ÍEítroductÍon of a sufiicient number into the 
' geilfine '-class and by promotion carried on through all the claases 
upwards ; and if there were not forthcoming sufficient peiwna to 
complete the organization thcro waa no partition among the sur- 
viviug two clasaes, but the proporty went as if the deceased wcre 
not membera of au organization at all. The rules as to tho dis- 
trihution of property upou tbe extinction of any one claas <»- of 
any two classes niay be understood from the annezed diagram. 



lodHnc. 


Ifi 


1 


1 


_i 


3 


F 0| 8 







3~i 


IS lí 


larQue, . . 


la 


3 


1 


^^ 


fl 


4 


13 


Deirbhllne, . 


le 


13 


" 


« 


n 


• 




Gdlfliit. 


"' 


" 


. S^ 




^i . 



Tte nile upon which the distribution of the property o 
ui oi^pmizatLOH depends appears clearly from the above diagram 



l'ii 



ISTaoDOCTION. 



Let it be aAaumeJ tbat eacli class possMBca pi-oi>ertj represented hj 
the figure 16. The class or díUiBe» estinct are denol^d Ín the 
Bubsequent columna hy a cypher, &nd the dÍBtríbuliou of the pro- 
perty uf the estinct closs or dnsBes is iudicated by the niimben 
siit opposite the natnes of the aurviving classes. Threc-fourtha oT 
tlie proi>erty of aEy extinct clnas paa» to tbe next Janior claaa, and 
in default of any junior Rnrviving clasa, to the nest senior daas. 
Tbe remaining one-foni'th is treated ín thc Hame manner. lí^ 
escliiBÍve of the class which has received ita sbare, there remaina 
but one chisH, tbe residue passes to tliat class, but if two cUaaea 
Burvive, three-fourtha of the residue iiMS to the next junior dass, 
ajid,indefault,of suchclass,to the next aeniorclaBs; andthereúdne, 
oue-fourth of a foiirth, or one-sLxtecnth of tbe eutire, goea to tbs 
remaining class. If two cIbbscs become extinct, the property of 
each is distributed according to thÍB rule, in which cafte, if tha 
two clasBes which becoroe extinct nre ncxt to cach otber, the dis- 
tribution of the pro|>erty of both Ls identicalty the aame ; but tf 
the extinct classes are not next to e«ich other, thepro]ierty of eoch 
ÍH diatributed to the reniQÍning classes in viuyiiig proportioas. 
It is evident from the eommentary UiBt tlie original piinciple, 
however it arose, had been forgotten, su that the dÍBtríbution cou' 
tained ia colunin 8 of the above ilingmm is very awkwardly ex- 
pressed, and thc citses Ín columns and 10 are altogethcr omitted. 
Tbe meoning of this very artificial arraDgement appears from tlte 
foUowing paBsage : — ' If tbe íather íb alive and has two sons, and 
each of those sons has a family of the fuU uumber — i.e., four — it 
is tho opiuion o/ lawym that the íather would dalm a man'a 
ahare in cvery family of tliem. and that Ín this case they form two 
' geilfine '■divÍaÍonH. And if tlio property has come frora another 
place, from a faimly outside, tbough tliere ahould be within in the 
fainily a son or a brother of the person whose property auiio into 
it, he shall not obtain it asiy more than any ollier maa of the 
family.' From tbis it appears tbat the whole organization existed 
witbin the family, and consisted of tbo actual descendants of a 
male member of tbc fan)ily, who himself continned in the iiower 
of the head of the fainilj. As soon aa a son of the houso ha«l 
himself four children, ho and his four cbildren formed a 'geilfine '- 
cbias, and each succeeding descejidsnt up to the numberof seven- 
teen was introduced into the artificial body. Tbe eutiro propert» 
exclu8Ívely belongiog to this fiimily within a family wm ooofined 
to the members of tbe organization uotil thc number exceeded 
aeventeeo, wheu tlio senior meniber Innt bin ríghts to the separate 
estate, retaiuiug thoso which he posscsBcd iu Ute orígiual f«tnll y, 



INTEODlJCTIOIf. 



lui 



I 
I 



"Tbis arran^ment must be regiirded aa an itiTBsion of the 
ftrchoic form of the fsmily, ajid an introduction pro tanto of the 
idea of aeparat^ |>roperty. How or wLen the sjstem arose we 
have no information, but airangements eiiuallj complicated havo 
becn elaborated in tbe ovohition of cuBtomary law. 

" If it be admitted that the parent and hia fírat four childmi 
(or Bona) furm the original 'geilfiue'-clasa, it taa.y be conjectured 
that the term ' geilfine '-chiefi so often occurrijig in the Brehon 
law, indicates a soa of the head of the familj', wlio haa himself 
begotten four childron (or sona), and thus foimded as it were a 
famUy within a fumily ; and fiirther, that, bs upon tho death of 
the head of a fLimily each of hia sona would becomo the head of a 
new faniily, the 'geiltine '-relationshiii in such an event would 
disaj>i>ear, and ite memberB would resolve themselves into a family 
organized in tlie normal manner. It may be conjectiired that the 
paront always continuod in the ' geilfine '-class, and that therofore 
ít containcd fivo memlicrs, although the other classes comprised 
four only, aad that hence was derived the peculiar title of ' geil- 
fine '-chief." 

In thÍ3 paasage the ajstem was accepted as a very singular 
instÍtutioD, regulating the distribution of the property of a 
family; no attempt waa made to account for the existcnce 
of rulen so unuaual, although it ia obvious, that the mere 
exUtence of rulea so complicated and in themselvea so 
tmreasonable must be referable to some anterior social 
Bjstem, as is the case with the rules of the English ]aw 
dealing with the auccession of real estate. Three distinct 
theories as to the origin and working of thia s/etem havo 
been published since the date of the last volume of the 
Brehon Law Tracts, by Sir H. S. Maine in his Lectures on 
the Early History of Inatitutions ; by Dr. W, K. Sullivan in 
hia introduction to tho Lectures of the late Eugene 0'Curry ; 
and by Mr. J. F. M'Lennan in an appendis annexed to the 
laat edition of his work upon Primitivc Marriage, and 
entitled the " Divisiona of the Ancient Irish Family." 

So numerous and important are the referencea to the Geil- 
tin e 3ystem in the tracta comprised in the present volume, so 
radically does this 8ystem underlie tho organizatiou of the 
family, and tbe succesaioD to land, to iUustrate whích, the 



Hv 



rSTRODOOTIOS. 



majoríty of the tracts now publiabed ho,ve been Bpecialljr 
Belected, that it may not Iw considered an abose of the 
restricted duties of an editor to explain tho viows upon tbis 
subject put forwardupoii Buch distinguishcd authoríty,and to 
state tho objections to the receptiou of anj of them ín ita 
inte^tj, before an attempt ia made to propound & theory 
of the origin and working of the sjstem, whol]y deduced 
from the Brehon Law Tracts themselvea, and wMch, al- 
though not in ituelf to be nssumed os correct, as no 
modem esplanation of so archfeic an institution could claim 
to bc, ÍB at least consisteitt witb tbo authorities and in itsolf ; 
and afiords a key to the rules as to tbe succession to land, 
scattered throughout tbe present volume. 

Tbe views of Sir H. S. Maine upon thia subject are clearly 
put forward by bim in tbe followlng passagcs aelccted from 
hÍ3 work : 

"Any member of the joint-family, or sept, migbt bo 
selected as the Btarting point, and might become a root írom 
wbich &praDg aa many of tbese groupa of seventeen men 
SA he had sons. As soou as any one of the sous bad four 
children, a full GeÍltíne sub-group of five persons waa formod; 
but any fresb birtb of a mole cbihl to tliia son or to any of 
hia male desceudants, had tbe efTect of sending up tbe eldest 
member of tbe Geilfine sub-group, provided ahvftys he were 
uot tbe persoQ from whora it had spnmg, into tbe Derbhfine. 
A Buccession of such births completed in timo tbe Derbb- 
fine divÍBÍon, and went in to form the lariine, and the Ind- 
fine, tbe After nnd tbe End-faniilies. Tbe essential principle 
of the fiy8tem seems to me a distribution into fours. Tbe 
fiftb perfton in the Goilfine division, I take to be tbe parent 
from wbom tlie sixteen dcac«ndant8 sprmg, and it will be 
Been, from tbe proviso whicb I inserted above, tbat I do not 
consider his pluce in tbe orgauization to have been ever 
changed. Ue appeara to be referred to in tbe tracts as tbe 
Oeiltine chieC* 

" The Irioh family b assumed to consist of three groups 
of loiir pensouB, and one group of five persons. I have 

• íttif llinarjol InítiiniiOQ», p. 210,, 



I 



INTBODUCTION. 



Iv 



alreacly stíitcd fJiat I consíder tho fift.li poi'son in the 
group of five, to be tbe parent from whom all tlie otber 
membera of tbc four divisions spring. or with whom they 
ars connectcd by adoptive descent. Thus the whole of the 
□atural ór adnptive doscendauta are dietributed into foui" 
groups of foui' persoua eacli, their rank in the Family being 
iu the inverse order of their 8eniority. Tho Geilfine group 
is B6vei-al time stated Ín the Brehon Law to be at onco the 
highest and the youngest. 

" Now Mr. W. Stokes has conveyed to mc his opiniou 
that ' Geilfine ' means ' hand-famiiy.' Ás I have rcason to 
belteve that a different vei"siou of the term has been adopted 
by eminent authority I will give the reasona for Mr. Stokes' 
view. ' Gii ' means ' band ' — this was also the reudering of 
0'Curry — and it is in fact the Greek x'''p. In seveial Aryan 
languages thc tsrm signifying 'hnnd' is an exprcssive 
eriuivalent fur power, and specially for F«mily or Fatriarchat 
Powcr. -Thtis in Greek we havo vríi^^íipioi; and x'Pif' for 
tho person under the hand. In Latin we have herus 
' master,' fi-om an old word cognate to x'íp ; we have also 
one of the earlie.'st cardlnal terms of ancient Roman Family 
Law, manus, or hand, in the senso of Tatnarclial authorÍty. 
In Boman legal phraseology the wifo who has become in law 
her husband's daughter by marriago ia innianu. The son 
discharged from Parental Power is emancipated. The fi-oe 
person who has undergone manumission is hí mancijMo. 
In the Celtic languages we have, with other worda, 'Gilln,' 
a servant, a word familiar to aportsmea and travellers in the 
Highlands, and bo readers of Scott iu ita Auglicised ahape 
' Gillie.' 

" My suggestion, then, is that the key to tho Iriah dÍBtri- 
bution of the Family, as to eo niany other tliings in ancient 
law must be sought in the Patria Potestaa.* It soems to 
me to be founded on tho order of emanciption from Parental 



" Tha OM hy Slr Tl. S. M«'me of Iho lerm ■' patria polrtliu " 
foua >s buing lua theury iipau A doctrlne of thc Iloinaii Lan-. n 
Uvjers admiltiHl to be pooulinr and «[^«iilloiiil. The auav ginei 
ibi[> of thv ioÍDt boiuc " iiuy, hawcTer, b« aubstituUd lor ii wiUio 
■rgnmeut. 



Ivi 



INTRODCCTIOS. 



Auth(mty. The Geilfine, the Hand-family, consÍBta of tho 
parent and the four natural or adoptive sons imniediately 
under his power. The other groupa consist of eniancípated 
descendants, diminishing in dignity, in proportion to their 
distance from the group, which aeeording to archfeic 
notions, constitutes the tnie or representative family. 

" The reniains, which we poasess, of the oldest Roman Law 
point to a range of ideas very similiar to that which appears 
to havG prodiiced the Irish Institution. The family under the 
Patria Potestaa was, wit}i the PaterfiimÍlia-s, the true Homan 
Family, The children who were eraancipated from Patemal 
Power may have gained a practical advantage, but they 
undoubtedh' lost in theoretical dignity. They underwent 
that loss of statuB which in ancient legal phniaeology waa 
callcd a capitis diminuto. We know too that aocording 
to primative Roman law they lost all rights of inheritanec, 
and these were onIy gradually restor«d tíj them by a 
rehvtivelymodemin3titution,theequity of theRomanPnetor. 
^evertheless there are hiuts oii all aides, that, as a general 
mle, sona as they advanced in year3 were enfranchised from 
Patemal Power, and no doubt thia practice supplies a partial 
explanation of the durability of the Patria Potestas as a 
Roman Inrtitution. Tha statcments therefore which we 
find conceming the Celtic Family would not be very un- 
tnie of the Roman. The younge3t children were first ÍQ 
dignity."* 

The entire geilfine 8ystem resta according to this view upon 
the patHa potestas of the original progcnitor without any 
reference to common property ; the members are those up 
to the number of sixteen, wbo are the aubject of the jxitria 
poleslds, whether sons or remoter dcscendants, either by 
actual descent or adoption, and irrespectivc of age or the 
pOBsesaioD of property. It mfty be infcn-ed that in Sir H. 
S. Maine's opinion the existence of thc common ancestor 
is essential for the maintenance of the 8ystem, and that he 
regards all the members as living at the same time. 

The theory of Dr. W. K. Sullivan is very diffcrent, and 
ÍB contaiaed in the following passage of hia work ; 
* Id., p. 216. 



ISTRODUCTIOS. 



Ivii 



"The whole Fine Dxilhaig incliided several etages of 
consanguÍDÍtj ; — (1) the Cind/ine or childron the sona having 
the foreright ; — (2) the Bruindfi.ixf, from bntind, the womb, 
the aons and daiigbtere of heiressea or dawghters of tlie 
Oradh Fine, or nobility inheriting pro]ierty in their owti 
right ; (3) the Gel/ine, which seems to have been aometimes 
used for all rel^tives to the tífth degree, and sometimes 
for the relatives to the fifth degreo exclusive of the direct 
heirs. Theae constituted the family in the strict senBe of 
the word. Frora thegel/ÍTie branched off, (+) the Derbfiiie. 
wliich included relativea from the fifth to the ninth degrec ; 
(5) the larúne, or relatives from the ninth to the thirteentli 
degree; and (C) the Indfine, or relatives from the thirteentli 
to the aeventeeuth degree. Beyond the latter degree, tho 
Fine merged into a Duihaig Daine, that is, the natiou at 
large, who were not entitled to a share of the Dibad, or 
jn'operty of deceased persons, or liable for the paymejit 
of fines or amerlcaraenta on account of crimes, etc., except 
those of their own special Fi'JU, within the recognifled 
degreea of con3anguinity. The Gelfine were tlie represent- 
atives of the righta and liabilities of the family or house ; 
they forme J a kiud of family council styled Cuicer na Fiiie, 
or the five Gials, or pledges of the family. Aa they re- 
presented the roots of the apreaditig branches of the family, 
they were alao called the cuic mera na Fine, or the five 
fingers of the Fine. When property, in default of direct 
heira, paased to collateral heirs, the Gclfine received the 
inheritance in the first iostanee, and aasumed all the 
respoDBÍbiIities attached to it. In default of relatives of 
the fifth degree, the property paseed to the representatives 
of tbe other Fines."' 

This opinion of Dr. \V. K. SuUivan haa been adopted 
by Mr. W, E. Heam, who after citing the Welsh rule of 
inheritance, viz., " The ancestors of a person aro his father, 
aud his grandfather, aad bis gi'eat grandfather ; the co- 
inherítors are his brothers, and cousins, aud second c 

* Uumen mii<] Cnitonu ot tbe ADcteat Irlib, Tol. I., p. cUiiL 
t Ancietit Uiw ol W«l«f, VoL II., p. 427. 



ÍÉ^ 



Itííí introduction. 

proceeds thus : " We may observe, I thinlc, a siniilar case 
in the diflScult case of the Irish Fine, The ingenuity 
of the Brehon professors multiplied distinctions which 
are not found in the hiws of othcr countries, and it is 
not easy distinctly to understand their writings on this 
subject. I venture however to suggest that 'Fine/ like 
Familia, was used in varíous senses, and included both the 
more limited and wider bodies ; that of the six kinds of 
Fine enumerated in the Brehon Laws, the first three include 
the Sui heredea and Agnati, and that the remaining three 
are subdivisions, how fÍBir practically important we cannot 
tell, of the Gentiles. The Geil-fine included the fifth 
descent, which, if the Ego were not counted, brings us to 
the sixth descent as in other cases. The other three Fines 
taken together, extend to the seventeenth degree, at which 
point all traces of kinship are assumed to be lost/'* 

If this view be correct the Geilfíne Bystem íp simply a 
mode of calculating kinship ; the Geilfine has no existence 
as a social entity ; the particular Fhie in which any indi- 
vidual should be classed depends altogether upon the pcrson, 
who is assumed as the stirps ; it would also seem that the 
five members of the Geilfine class, and the four members 
of the other three classes are not considered by these authors 
as " individuals" but as successive generations, and that the 
oríginal ancestor is altogether cxcluded ; and it also must 
manifestly follow that the members of the four classes could 
not possibly co-exist.f 

* The Aryaii Hooschold, p. 173. 

t Authon, who spealc of property u being divisible Among reUtions in the 
■erenteenth degree, cannot have considered the difficult^, or inipo88Íbility of asoer- 
taining Idnships so remote, or the conscqnences which would probablj resolt conld 
all the relatives of this remote degree be once ascertained. It would be necesBar}', 
íor snch purpose, to trace up seventeen male descenta f or the purpose of discovering 
the stirps, and in the second place to complete the requisite genealogical table of 
all the male descendants of the stirps thronghont seventeen generations downwards. 
The stirps, npon the ordinarv average of human life, must havc been dead 
upwards of 500 ^ears, and there is no existing noble or royal familj in which this 
inqoirj conld be attempted with any proepect of success. 

Tbus tbe relatives in the seventeentb dcgree of the Count de Chambord include 
all the descendants of l/ouis, the first Duke of Bourbon, son of Robert of Clare- 
mont, and grandson of Saint Louis, who died in a.d. 1341. Those oí tbe present 



INTRODCCTIOS, 



Ui 



The theory of Mr, M'Lennan upon this aubject ifl diSerent 
in every respect fiom tboso of Sir H. S. Maiue and Dr. W. 
K. Suliivan. The two cardinal aasumptious upon which he 
proceeds are, (1) that the terras geilfine, dcrbhfiDe, iarfine 
and indfine are correlative, and that, thereibre, the four 
classes of the system must exist from the Ínception ; (2) 
tbat tbe arrangement was founded upon the posseBsion, 
and intimately connected with tbe distríbution of property ; 
(3) and that the members of the groups included only 
certaíu of the members of the family, 

Tlie geilfine system according to thia view originatcd in 
the existence of fov.r persons, related Ín tbe same degree to 
the original stirps; each of whom waa the primary mom- 
ber of one of the four classes, and aa a necessary result the 
Fathor or stirps was excluded from the organization, and 
the Bubsequent members of each class wero tho lineal 
descendants of the origiual member of that class. 

." If we conceive one of the organizations, initiatcd as in 
the case pronounced upon by the Iawyers, to be completcd 
(1) through the death of the Father, and his two sons leaving 
a set of four grandsons iu their places, eaeh as the eldeat 
member of his division ; and (2) tbrougb the fiUing up of 
tbe divisions by the birth of descendanta to the several 
grandsons, the following table will then represent the 
organization : — 



ladfint 


laraDe. 




Gellfine. 




A' 


A» 


A' 


At 


Fíthora and Brothiri. 


B' 


B' 


B" 


B' 


Soiií uid Fitit Cons!n*. 


C' 


C' 


C" 


C* 


Grandíona »nd Seioad Con^n». 


D' 


D' 


D- 


D* 




- 


- 


- 


E' 





Germin Emperor uicludo «U Ihe deaceddanta o/ Fredmcl; FV., Burggrif of 
NnRiberg, «ho dwd in 1333, Aa iu tljeir probable nainbsr wben dUcSTflred, it Í9 
■ mttcr ot gnimetticBl progreisinn. If «e consult Ihe pedigree of David it vill 
sppenr tbat, u levenleenth in desceat from Rea, be coonled unong bii reUtÍTCi 
nitbin tbe Mcenteonth degree Ih« entire nitioasof theJeiFa, Edomitei, Ishmaelitei, 
Uoaldtei, Anunanitei, Uidiuiite*, ud «erenl others. 



ISTRODnOTIOir. 



"The seiiiors of the division arc A', A*, &c,, the brotheM 
who constituted the 'faniíly of the fuJl nwtnber, i.e., four'; 
and the other men in the dirisions along with thein respec- 
tively, are their first-born suns, gmndsons, &:c. A' ia tho 
eldeat of the four brothera, A* the next eldeat, and A' Ís the 
youngest The following features of the sjstcm dow 
become intelligible : — 

" 1. It Í8 at once obvious why it is said the geiifine divi- 
EÍon is the younge8t, aiid the indfine divMÍon is the oldcet. 

" 2, Wo can see a reason why, aa a nile, there sliould bo 
four men on]y iu n divi^oti, and why there should be a Úfíii 
man in the geilfine division. The agc of marriage amoog 
the ancient Irish wns sevent«en j'ears — the age for finifihing 
fosteroge. Thus A' would 1« at lenst fifty-four year8 old 
before his great grandaon D' wonld bo born ; lie would be 
between eighty and ninety yoars old before E* could have 
& son ; which would bo tiie signal to A' t« ' go out of the 
commiinity.' As a rule then, there could bc on]y four 
generatíons of inen in existence at a tiine, and represented 
in tlie divisiona. The fifth raau, or rather boy, in the 
geilfine division must havo been added to postpone tho 
going out ' into the community ' of the senior of the indfine. 
When he went out, he became, as we shall see, a penaioner 
on hia division, and were he to go out when E' was bom, he 
might be a rharge on that division for a term of yearB. 
Before E' could have a son, however, A' would be a vety 
old man. Indeed, the ' going out ' must have been rare. 
The law, however, provided for it, as it did foc thc divisions 
not being full, and eveu for their becoming extinct. What- 
6ver the purposea of the organization were, the eitistínce of 
the whole number of the seventeen men was not essential 
to them, and in blio eye of the law a divi^ion existed su long 
ae there was ono man in it (Senchus Mor, Vol. III., p. 333). 

" 3. So far aa tho orgnnization was an artificial institution, 
it may have boen a sufficient reason for limitiog the number 
of divÍBÍons to four, that there were four men only ín a 
dívÍBÍon, More probably tho reason was that four was. on 
the average, the full number of aons Ín a family. 

" 4. We have a clue to tho ' self-acting principle,' aa Sir 



ISTEODDCmON. 



IxÍ 



Henry S. Maine aptly caila Ít, accorJing to which the oldest 
inember of each division passed into tbe next, ou a new 
nian ' coming up ' into thc geilfino division. Among the 
Irish the next brother, or other ncarest malo agnate next in 
8eniority to a deceased chief, succeeded to the chieftaincy in 
preference to a son. We can, therefore, understand how 
they should provide for the succession of brother to brother, 
in order of seniority, ín tbe headsbips of divisions; and 
failing brothors for the succession of cousin to cousin (of 
the aame class) iu orJer of seuiority. It accords witb thia 
succession law that wben A' ' went out,' A' sbould aucceed 
to him as bead of tbe indfine division, tbat A* should 
succeed A' as head of tbe iar&ne, and A* succeed A' as 
bead of the derbhfine. But we saw that before A' went 
out he would bo very old. Ecforo another 'goinr; oiit* 
could occur through tbe birth of a grandíion to E* tlie 
hi-otbers would certainly be all dead, and the first cousins, 
B'. íie., would be tbe heads of divisions. It would be next 
B''s turn to go out, and he would be sticceeded in the 
headship of tbe indfine division by B' as the cousin next 
in seniority ; and B^ being aucceeded by B'. and B' by B* all 
the seniors would be pronioted as before. By the fourth occur- 
rence of sucb an occasion it would be D''s tum to go out; if, in- 
deed, before theu tbe oi^janization bad not collapsed through 
the extinction of divisíons and want of men to reform them."* 
In a subsequetit passage Mr. M'Leiman explaius the mode 
in whicb tliis s^steni would work as a (luast-eutail uf tbe 
family lands. *" The most simple way of regarding the rules 
established for the fourfold oi^auization, in order to see bow 
they operaíed as a succession law, is to conceive it to be 
stnrted by four brotbers, A', A', Sic, on tbe deatb of their 
fathcr, leaving to them ancestnil lauds, which had come to 
him as next-of-kin, and whifb, at common law, tbey were 
entitled to divide equally between them. Tbus regarded, 
tbe arrangement operated, in tbe firat Ínstance, as a settle- 
ment of tbe res[)ective sbares of the brothers on tbeir heirs of 
liae, the survivors, or sunrivor of tbem, as far as great grand- 
sona. When a son B appeared, A sbared tbe division landa 
* PrimÍlÍTe HuTÍigc, 2iid edition, p*g« ITa. 



U 



IZU INTRODUCTIOX. 

witli bim; when a grandson appeared, they were shared 
Míjgiáix between tho father, son, and grandson ; and they were 
fiiuiJl/ redÍBtríbuted on the appearance of a great gnindson. 
Aíler thÍH there were redivisions as the men in tum died, 
till, tbey all being dead, the land was shared in the propor- 
tious 8pecified between the remaining divisions. The chief 
peculiarities of the systeni, it will be seen, are (1) that it 
Htopped succession in the direct line, except in the geilfine 
divÍHÍon at great grandsons ; (2) that the principle of primo- 
genituro appears in the formation of the groups of co-inherí- 
tors atid parceners ; and (3) that a ]ife-tenancy onIy was 
gíven to any heir. To comprohend the working of the 
NyNtem, wo must think of the four brothers as having one 
or more brothers who shareil with them the lands on the 
dcmth of thoir father, but remaineil outside the OTganization. 
Thcw, I c<)nceivo, wore the meu of the fomilv with their 
d<^Hnid(Uit8, or whose doscendants, if thev wore dead, migfat, 
on the extinction of ono or more divisions, enter the organ- 
íisation by forming new divisions, If the indfine, for 
oxiiniplo, hocamo oxtinct, the iartine would become the 
indíine iii tho n*ft>nnotl organixation, the deirbfine, the iar- 
tUio, tho giíiIHno, ílri>pping the odd man, would become the 
doirl>íinis and tlio noxt oldost bn>thi^r to A\ with his de- 
mwHdiiuÍM, would booomo tho now geilfine division. Tbe 
ii«m divÍNÍoiiN would ontor with a sharo of the ancestral 
Im^'Ih i'jiml ÍMí tliat poNNONHod by tho othors^ oxcept so hr as 
<Jm t/i\tt íh b«d tlmir Hlmn^N inoivivsiHÍ by tho distríbution 
l^'i,w*^A^tt i\tá'iii nt Mm» IhuíIn of tho indtino, And thus the 
o*'/^*^»i/'h^**m Wffiilii i*onliuu<\ (HuUiniug tho lands to great 
y^ti^i^i»//t»i' éftl t\, /'//lhi|»MiM| llinMi^h tho oxtinotíon of two of 
hh í'ív** v^,/| íl,f. fHiiinn ol' inou of (ho fjuuilv to reform ii. 
'i ',< ,-.y /./.*• //ff Ifff/ né Dinr no líiUfítM', (ho land^ of tho oxtinct 
// / j/, //'.4 h,^'ft i"i l>/ IIm» nnxt of kiu. and Iv subjoct to 
♦. , . /' '/,'* ,) ,f /ft ttfit'ii.m\nn, wluilt^Nor that wa^ tiU the 
' ' '/ ' '//..^. ^/ /Ml/ J l»v lliM l'oiumliou of a divisional 

/ . .','^-^ f^-'l M/i/l Mr M'liouuai\ oloarlv distin- 



/i 






INTROD CCTION. Ixiii 

guishes between the aetual existing form of any legal organ- 
ization, and the legal theory by which such form is deter- 
mincd. He does not assert that the Irish ' jine' as a rule, 
was organized as a complete geilfine 8ystem, but proposea 
his theory as the abstract 8ystem of the Brehon lawyer8, 
upon which, under certain circumstances, the 'Jiiíi/e^ would be 
organized so far as it went, and which it should assume if 
f ully developed. The English lawyer knows that the abstract 
and complete form of the English manor is as purely ideal as 
any Platonic archetype, but that the existing manors do, as far 
as circumstances admit, present more or less resemblance, and 
approach more or less nearly, to the theoretical manor de- 
scribed in our Real Property text books. Mr. M'Lennan's 
scheme however involves difficulties which he has wholly 
failed to explain. Why should the ordinary rules for the 
succession to land be suddenly arrested upon the birth of a 
fourth son, and the shares of the several sons thereupon píiss 
in strict entail for three generations according to the law of 
primogeniture ? Why should the succession in the case of 
the geilfine division be extended to one generation further 
than in the case of the other classes ? and why should the 
head of the indfine division remain in the system, although 
he had himself a descendant in the fourth degree, but " go 
out " upon the birth of a descendant of his youngest brother 
in the same degree ? Mr. M*Lennan assumes the four mem- 
bers of each class to have held the original share of the first 
member of that division, as joint tenants; and if so the 
foUowing questions must at once aiise. If A* goes out and 
A^ must thereupon cease to be head of the iarfine division 
and succeed A* as head of the indfine, and A* pass similarly 
from the deibhfine to the iarfine, and A* from the geilfine to 
derbhfine, does A' cease to be a joint tenant of his own 
original share with B*, C^ and D*, and become a joint tenant 
of the original share of A^ jointly with B^ C^ and D\ and 
is this process repeated in the other classes, so as to leave 
the four junior members of the geilfine class sole tenants of 
the original share of A^ ? and further if, upon the entire ex- 
tinction of the indfine class, the geilfine class become in the 



IxÍV INTRODUCTION. 

" formation of new divisions " the dcrbhfíne clasB, how is 
the fiílh man of the geilfíne class got rid of ? Mr. M*Leniian 
simply 8ays that in this case the geilfíne division drops ihe 
íifbh man, but we must confess that such exclusion appears to 
us as inexplicable as his original inclusion. 

In dcaling with a question such as the present, there is 
nothing morc misleading than analogies and assumed re» 
semblances. Each of the three above-mentioned authora, 
who have treated of this subject, has supported his theo]y 
by referencc to rules existing in other archeeic s^stems of 
law, which are more or less confídentIy stated as arguments 
for the acccptancc of the ])roposed thcory as correct Buta 
])rofítablc comparison can onIy be instituted between two 
lcnown oV>jccts. An attcmpt to defínc the qualities of anj 
thing unknown by rcferenco to tho qualities of a known 
quantity rests u{)on antcccdent proof (more frequently the 
suppressed assum{)tion) of thcir identity. This ai^ment 
from tacit1y assumed resemblanccs has been often in the 
present day too far prcssed, frequently with veiy unfortu- 
nate results ; in dealing with an inquiry like the present, it 
would seem to us tlmt the fíi'st step is to discovcr, as far aa 
possible, what thc actual tcxts with which we are dealing 
say viipon the subjcct, and to draw our conclusions from 
them free, as far as may be, from those a pnori ideas of 
law, which, as incident to the form of socicty in which we 
live, naturally infíuence our judgment ; and that when we 
have arrived at some dcfínite conchisions in this manner, 
then, but not until then, the analogies and resemblances of 
other 8ystem are uscful for the j)urj)ose of testing the proba- 
bility of the con-ectness of thc results to which we have 
attained, and as explaining or illustrating niany ]>oints of 
detail which at fírst failed to attract the attcntion which 
they dcscrvcd. 

When an attempt is made to deduce, from the existing 
remnants of the works of the Brehon Iawyera, a consistent 
theory of the organization of the ancicnt tribc and family, 
there arises the obvious difficulty, that the documents, with 
which we have to deal, are not the contemporancous exposi- 



iNTRODUcrrioN. Ixv 

tion of an existing 8y8teni, and that we have no means of 
arranging them according to the date of their production ; 
even the original text and commentary of many of them are 
separated by long intervals of time, and exhibit ideas alto- 
gether discordant. The earliest date of the original text, or 
rather of the customary rules laid down in the original text, 
is not, and probably cannot be, ascertained; the latest 
commentaríes and glosses are probably not earlier than the 
16th century ; they certainly cover a period extending from 
the Danish invasion to the reign of Elizabeth, during which 
the country was exposed to continued war and confusion, 
and subjected to all the political and social causes which 
would naturally lead to the breaking up of the ancient tribe 
and family system, and the substitution of the arbitrary 
power of chiefs commanding bands of armed retainers for the 
regular action of ancient and established custom The 
analogy of other nations in a similar condition would natur- 
ally lead us to anticipate that during this períod the chiefs 
were constantly gaining ground as against the rights of the 
individual members of the tribe, and such would appear to 
have been the case from the days of Conn Cetcorach to that 
of the chiefs, who, in the 16th century, obtained from the 
EngUsh Govemment grants of the tribe lands in fee or fee- 
tail with the object of defeating the custom of Tanistry, or 
of destrojTÍng the rights of the customary holders. The 
original constitution of the tribe or family during such a 
period gradually ceases to be an existing aodal fact, and 
tends to become merely a rule for the distribution of property 
npon death, after a fashion which would be strange and 
inexplicable, if we did not understand it to represent a social 
system which had for all practical purposes disappeared. 
The distribution of property according to the Geílfine system, 
as expounded in the commentary to the Book of Aicill, bears 
the same relation to the original constitution of the 'fine,' as 
the rules of the English law, relative to the succession of 
real estate, bear to the feudal system, or as thé distribution 
of property according to the later Civil Law does to the 
early Boman íamily. Those of tbe Biehon Law tracts, which 
deal wiih the geilfine syBtem as an aJTangement of the tribe 



IxvÍ 



INTBODCCTIOB. 



or family, would seom therefore the more ancietit and 
aubhoritative with regard to the nature of that organizatioo; 
and it Í8 worthy of remark that tbo dÍÚerences, whích exist 
between what may be a priori assumed to be the e&rlier 
and Iat«r tracts, are just what might be anticipated to have 
arisea under these circumstances. 

The most iinportant document upou the subjoct of tbe 
tríbe ond family organization Í3 the tract entitlod "Of the 
DivisÍoDs of thc Tribe of a Territory" publúihed Ín this 
rolume, nnd we desíre particular attention both to the text of 
this tract, and the obvious deductioos to be di'awn tlierefrom. 

The word translnted tribe in the Litle of tbis tract is 
" cincl," which is generally understood to uiean a tribe in 
the fuli exteusion of bhe term, aitd containing a greater or 
less numberof "familics," 

The word tranalated " teiTÍtory " means not a mere exteot 
of land, but primarily the tribo or peoplo themsclves, aad 
thence a tract inhabited by a definite body, and regarded 
with reference to the rights of the occupants, 

The word "'jine" translated variously " tribe " or " family," 
(a circumstance which hos been noticed as au error by lome 
crítics of the pi-esent ti-anslation of the Brehon Laws,) 
appeara on the íace of this document os n«t having any veiy 
preciae or tcchnical meaning, ÍmplyÍDg any nunibt'r of per- 
sons conceived aa forming a class whether from identity ot 
descent, or similarity of right^. 

Tbis document must not be considered as a description 
of the ordinarily esisting tribe, hut rather as an explana^ 
tion of the form whicb a tribe would ossume if fully de- 
veloped in evt.Ty direction. Il is remarltable tbat this tract 
would appear to consider the tribe and family aa commea- 
Burate, il not identical. It would be, however, an error to 
consider that we musc. from the tiact in question, infer such 
to be the case, a result contradictory of man^ otber paasages 
in the Erebon Law tracts and opposed to all analogy.« 
The number of families in the Celtic tribe waa never theo- 

• Tho followlrig p»iB»ge b mncluriva apon Ihla poinl: " An ' aírv-jeu ' b« !t 
kiiown ; a iMn who Idds hi« í*mLiy (;jme ') wben lhey ufs on th«ir w«» (« Iba 
rhlet C'>ul4 ')."_Po.|. p. 349. 



I 



IlITRODCCnOS; 



Ixvíi 



^ 



LcaUy fixed, as were the Qumber oí the Roman gentds 

Greek f pánoi ; and our autbor iuiturally deala with the 

úmplest case of tho trihe consisting of one family. or, which 

ís perhaps more probabie, wheo he deals with tbe CEimiIy, 

he directs bis attentiou to aome one supposed inst&Dce. 

The modo in which tbe trihe or family was organized 
according to this tract, was aa follows .- — 

(A.) The "Jine " of the chief (flaithe-fine), conusting of — 
(1) the cbiera fuidhir tenants; (2) tbe kÍDHmen of ttie 
chief; (3) the dependenta of tbe chief 

(B,) Tbe dÍTÍsiona of the "Jine" of the temtory — (1) the 
geilfine; (2) tbe deirbbSne ; (3) tbe iarfine ; (1) the 
innfine ; (5) tbe deirgbfine ; (C) tbe duibhfine ; (7) the 
finetaciiir; (8) the glasfine ; and (!)) the ingen ar meraJbfa. 
The nature of tbe five latter divisions, as to whieb there ia 
no doubt, Ís of mucb importance tn determining that of tbe 
four fírat in the second part of this catalogue. The " deirg- 
fine" are described as those who have sbed blood; írom whom 
no (lebaAh property comes; wbo receive no share of the tribe 
("yin« "),but who nevertheleaa pay for tbe mmes of tbetr 
kinsfolk. Dr. W. K. SuUivan describes tbis class as consisting 
of tbasc " who killed, or attempted to kill the Henior members 
of their fine in order to get at theír dibad, or property ;"" 
in tbia be foUowa Dr. O'Donovan, who states, in the note 
uinexed to the text, that they were thosc who were guilty 
of the murder of a brotber familyman, i.e., one of the seven- 
teen men of tbe four principsl divisiona. A permanent 
division of murderera ia indeed aa anomaly in a tribe 
organization, and there ts a much simpler and more obvioas 
^planation ; Ín the present volume tbere is contaÍDed a tract 
entitled "The Land is forfeited for Crime," in wbich it is laid 
down tbat tbe land of one who faad committed a crime was 
"gÍTen for his crime ;" that his land was tbe primaiy fuod 
fbr the payment of the " dire "-fine and compensation ín 
exoneration of tbose wbo by reason of their kinship, or 
{amiiy relation, to the criminal, were bound to make good 
Itis default Tbe deirgfi&e-maa was one who by reaaon of 

* líuiiun md CuUnu, 4c., ToL L, p^ dxri. 

«2 




Ixviii 



nmoDrcnov. 



a cirime had farTeiied Iúb «hare in the propertj of the ^fint^ 
but ÍD otber respects eontiiiued to be recognised as a member. 
The '' dubhfine ** irere those whose claims to be membere 
of the ^'Jine " irere under dispute, and who were required 
to aubetaatiate their rights bjr ordeal, or by lot. 

The "^fine-tacuir " irere not members by descent^ but by 
a eontnct of adoption. 

The ** glasfine ** were the children of a female mcmber by 
a stranger, defined as the children of an Albanach, and 
descríbed as Idndre^i firom beyond the sea. 

The " ingen ar meraib " were those commonly believed to 
have claims to be members, but whose title rested merely 
on common repute, and was not the subject of ordeal or lot. 
This term " ingen ar meraibh," literally " the nail on the 
finger," may be similiar to the word " nagel kyn " as desig- 
natÍDg indefinite and indeBcribable relationship. It is to be 
observed thatthese five latter classes consist of men notfull 
members of the ''Jine!* The "deirghfine," although members 
by descent, had suífered a " diminutio capitis" and were not 
in the eDJoyment of full ríghts. Of the remaining four 
classes two were confessedly not members at all, and the 
membership of the two remaining classes was either in 
supense or unprovable. The four classes of the geilfine, 
&c., must therefore represent the members of the **Jine " of 
admitte/1 descent, and full ríghts. These classes are in this 
tract descriljed as follows : 

" The geílfine exitnfh to fi ve persons ; it is they that get the 
' dehadh '-pro|>erty of eyeTy Icindred chief (cond) who leaves 
' diljfid/í ''\tro\iHriy, 

" Tlie ' deirfine ' exiend to nine persons ; their * dibadh '- 
property is not divided aceording to the number of kindred 
hcads, 

" Th/í ' iajfifj/; ' exUíud Ui thirteen men ; they get only the 
fhntih [Ajri hf tiie fíuHH, or of profits, of the ground, or of 
ÍA/X/íir, 

"'i'hí; ' \:.sA\íj^* f;jer>;íid t/> i^^venteen men; they divide 
hSi,ht^^ v.^;.'.v/;,>í,< suK \h Hght, whatcvcr part of the tribe- 



I5TR0DUCTI05. IxÍX 

From this traet the following dedactíoiiB may be safelj 
made : (1) the organízation of the **Jine" was based upon 
tiie exclosÍTe possession of land by the "Jine '' as a distinct 
oommanity, and had direct reference to the mode in which 
tiie land was divided among them. 

(i) The foor classes of the geilfine, deirbhfine, iarfine, and 
* innfine ' consisted of seTenteen members of the '^Jine " of 
pnre descent, and fnll rights. 

(3) Each of these fonr classes was complete in itself and 
possessed distinct joint rights both as against the other three 
classes as well as against the general members of the "Jine/* 

(4) The fonr classes of foll members do not comprise all 
the members of the fine. The '^ dabhfine " man, who had 
socceeded in establishing his position in the '^ fine*^ by ordeal 
or lot did not enter into the ''geilfine" dassification, bat 
received a share of a fixed amoant. 

With reference to the " deirbhfine'' division there is stated 
a rale that their property was not divided according to the 
namber of kindred heads ; it is possible that this may be 
introdnced to point oat that as between tbe ** geilfine " and 
** deirbhfine " divísions, the t wo dasses were to be considered 
as difierent and eqaal stocks, and the "* geilfine " had no 
advantage in the division of property by reaé^m of the 
greater nomber of its members ; it wonld seem more 
probU>le that this isageneral rale to the eflect that property 
whicfa passed to the ^ deirbhfine " claas was to be divided 
''per stirpes" and not ''per capUa." This íact is pai 
beyoiid doabi by the passage in page 259 describing ibé 
mode of the division of the " dire "-fine payable to the fSuni]y 
(and '^Jine ")o(a slain man : " Three cumh/oUéid** díre^-úne 
go io the soQ and to the iaiher ; ihere are three cumhals 
rf**<ityg''-fine remainíngafter ihai; a euTrJtol of **díre"'6ne &í 
ihemgoes to a brother coIlateraDy, — ^There is one 'cutfJtal* 
oí'dire' fine ihen after ihat — ihaiis io be divided írom 
ihe lowesi man of ihe ' geilfine ' divisicm uniO ii reacbes 
ihe oppermost man; and&om ibe nppermosi man onifl ii 
leaGfaes ibe lowest, {£€," 

A man ifaerefi«e ccpold stand in some rdatjon to a 



Ixx 



IlíTEODCCnOT. 



"geilfine" class, wliich did not includo eithcr his existÍDg 
father, son, or brother, and from which we must asBunae 
that he himself also waa excluded. The samc conclusion 
miiBt bedrawn from the liability to pay finea. Upou this point 
Mr. M'Lennan remarks : " Thtit thc di^'isional organization 
was one of the divisions of the 'Jivf' or eept, appcars from a 
curiuus passage in the Book of AiciU {VoL III., p. 481) whicli 
discusses the question from whom a foroed cxaction, as in 
pajinent oí a penalty or finc, might lawful]y be levied. 
Here the ' seventeen men ' are several times referred to «8 
Bpecia]ly liable to auch an exaction if levied on account 
of the crimo of any man connect^d with them, in tetins 
which aeem to iniply that evcry tribesman had, nccessarily, 
a counexion with a divúíional organization whích was liable 
for bÍH defaults. In one place the text, which, as it stands, 
reads as nonsense, must have been iutcnded to indicate thst 
tbe distant relatives of the criminal were liable for him only 
when tho divisional organization was incomplete, or had 
coUapsed — a reading which is confirmed by the text, The 
four nearest tribea bear the crime of each kinsman of theír 
stock, geilfine, &c fSenchua Mor, Vol. I., p. 201.) Hero 
the connexion ís disclosed between a tribesman, himself not 
the member of a divisional organization, and the organiisa- 
tion responsible for him,"* 

The seventeen men must have esercised an authority and 
rule over the other freemen, of the"/ÍTi«," or muat bave 
filled some quasi representative poaition in relation to their 
fellows. If the former were the fact it ia improbable that 
80 remarkable a diífcrence of status would have been paBsed 
over by the author of tbis tract. 

(5) The seventeen men are not rcpreaented aa occupying 
among them tbe entire territory of the " fine," for there waa 
a surplua of land available for members of the "dubhfine" 
or of the '" glasfine." 

(6) The exÍBtence of the organization of the "fine," does 
not seem to have been limited by reference to the life 
or lives of any person, or clasa of persons ; the existence 

•PnmitivB Utrrugv, Zad cd., p- 460. 



lÍTTBODCCTION. 



Ixxi 



I 



of such classes as the "dubhfine" aad the "ingen ar mera^h," 
the membei'B of whom were contemplated as possibly increa»- 
ing in namber with the reat of the "Jine"* prove that "JÍTie " 
80 constituted had continueJ for very long periods.+ Bufc 
upon tbe completion of the four classes to their full number an 
important change took placo aa to the rights of the members 
of the "fine " in respect of their common property. Tlie 
word8Ínthistract"Fromthisfortb Ít ÍBacaseofacommuDÍty 
of people, it ia then familj relations cease," are glossed as 
meaning that upon thia contingency the subdivisiona of land 
and liability separate, or that the relationship becomes ex- 
tinct, or that the four families (tecome extinct, Tho meaning 
of the giossist ia quite clear, not that tlie previous members 
of the "fine " cease to exist as individuals, but that the organ- 
ization of thc "fine " as far as relat^s to the mode in which 
tho common proporty is held ceases to exist and the commu- 
nity is dissolved into a number of persona holding the land 
they occupied índependently of each other and without rights 
of inberitance to tbe lands of eaeh other. That this is the 
correct interpretation appears from the passage in the first 
tract in tbia volume, " Frora aeventeen men out tbey are not 
a tribe-communityí and tbo commentary upon thatpaasage. 
(7) The special geilfine class possessed :t cei-tain 3uperiority 
over the other three, and by some such title bad an 
exclusivo right to extem property falling in, and as a 
natural consequence according to the first prínciples of 
Brebon law wiis also subject to a primaiy liability for the 
crimes of the mombers of the " fi,ne. " 

Tbese reaulta may be aupplemeufced by some otber con- 
clusions gfttbered frora tbe tracta contained in tho present 
and preceding volume. 

There was at tho head of the "fine" a chief who repre- 
Bcnted the "fin^" io ite collective capacity. 

In tbe Book of Aieill, in discussing tbe righfc to property 

found upon roads, and tho remedy for injaríesdonetoroads, 

a diatinction ia drawn between tbe ting of the territory, 

and the geilfine chief, in this passage distincfcly dcficribed as 

• Pig^ 296. t Vo!. IV., p. 24a J P»ge 80. 



i 



IxxiÍ 



IirrBODDCTlOM. 



the "geilfine flaitb "; and the latler Í8 trealed as represent- 
ing the rights of tho "fina " as the former tbose of the entire 
community.* The "geilfine" chief of this passage woTdd 
appear to bo tlie same as the "íair chit:f of the tribe" whose 
^Hent was requiaite to the validity of contracts dealing with 

pibne-propert^ ";+ and abo with the "bead of the tribe " 
had certain rights in the nuptial prcsents of women of 

e tribe, and the gains of an harlot a membor of the tril)e.í 
The "geilfine" chief was not ftlways, it appears, neces8arily a 
membor of the "geilfine " class, for in the second of the paa- 
sages referred to, therc occutb a curious proviso restrictive of 
the power of the " fair-chief of the tríbe," viz., " unlesa he be 
the sixth " which, although explained in the gloss Ín an ob- 
Bcure manner, appeiiTB to mean unlesíi ho be not one of the 
first five, ;í,c., of the geilflne diviaion properly bo called.§ 
There appear allusions to chiefs of the deirbhfine, iarfine, and 
indSne divisions, which impHes that some one of the claas 
possessed a seniority, or superionty, ovor tbe other membere 
of the clafis.ll It would also appear that when a class waa 
ODce formed, it continued to subsist as long as any one 
member of the class continued in cxisteuce ; as we should 
now express it, the niembera of a class were as among them- 
aelves joint t^nants and not tenants in common. The 
movement of individual member^ througli the diSerent 
classes was not caused by the vacancies in the tbreo latter 
classes but by a superfluity of members in the first claas; 
and that the socia.1 position and rights of the classes among 
tbemselves was in tho inverse order of tho scniority. That 
there were some connexion of kinship between the members 
of tho four claasea is everywbere assumed, but the relation- 
ship which may have existed at any time botwoen the 
membeiB may not have been that U[)on which tho 8ystem 
Waa originally constituted. The exlstcnce of a fathor and 
four BOiMi ÍB more tban once referred to as the basis of an 



• Tot. nt. p. W7. 



I ToL IT.. p. tU. 



t ToL IV.. p 89. t li. p. 6: 

tínplnMionDÍ Uni puHse )i ngg«ted n 



ISTEODCCTIO». 



Ixxiii 



ordÍnary " geilfine " 8ystem, but it does Dot foUow that 
although tbe existeace of a father and fotir sons would 
result in founding the HjBtem, it could not be formcd by five 
persona of the aamo atoclc, Btantiing in another relationabip 
to each other; Ít might, it appeiirs, be fonned upon thebasls 
of five co-exÍ3ting brotbers, That the deirbhfine were 
not descended from the geilfine is sbown by tho {lassagc, 
wbich describea the property of the geilfine division upon 
tbe death of the five members of tbat division -passing to 
a branch estem to the ' ffeilfine,^ viz., the deirhhfine divi- 
8Íon.' In the gloasea upon this passage tbere ia the foUow- 
ing : " In this case afler the deatb of the fíve persons whicb 
are the geitfine division, the land is divided among the 
three 'fine' divisions, and in this ca^e there is no femab^ 
beir." As a female is here ajísumed to have been entitled 
to succeed upon the failure of male heirs, tbe extinction of 
one of tbe classea implies botb the death of the original mcm- 
bera, and the failure of tbeir isaue, and it ia thcrefore neces- 
8ary in any tbeory of tbe .■í^stera to find room for tbe succea- 
sion of lineal descendants to the land of their ancestors. 

Mr. M'Lennan after pointing out tliat sucb a í^stem 
must be primarily founded upon the posaesaion and dia- 
tribution of land, and that the Iiability of tbe merabers 
for the acta of membera of the " fine" is based upon the 
rights whJch they enjoy in respect of tlie comraon property, 
makes the foUowing important obeervation : " It ia not 
difficult to imagine tbat arrangcmenta of such obvious con- 
venience aa defining and limiting the liabilities of kinsmen 
for one another, if once successfuUy established among tbe 
auperíor claases, would Ín time be imitated by the inferior; 
and tbe peculiar settlement of property, worked through a. 
divisional organization, as raay be e8aUy seen, is nowise in 
its nature, inappUcable to movable estate."+ 

In conforniity with tbis observation of Mr. M'Lennan, a 
remarlcable anaIogy to tho geilfine sy8tem in tho "fine" 
appears to bave existed amoug the families of tJie "fuidhir" 
tenants, wbich is worthy of mach attention Ín the consider- 

• TdL IV., p. 39. t PrimitíTC XMniáee, 2[id cd., p. 191. 



Ixxiv 



rSTHODTTCTIOTf. 



ation of thc present subject Thesc tcnants, settleil npon 
the chief'B share of the tribc lands, wcre recniited from the 
. broken men, who had lost land and kinship, and in the tribe 
organization were auppoaed to fomi portton of the"_^iw" 
of the chieí fjlaithfinf}, but at an early period they seemed 
to have formed artiGcial familiea upon the ayatem of recip- 
rocal liability, and to have acqnired a right of hereditary 
transmÍBsion of property. The paBeage to which we refer 
Iay8 down aa a general principle that " the natural bondman 
doe3 not bear the crimea of his relativea," but that if tbera 
were five housea of " fuidliir " tenants, each householder 
haviug a 8tock of one hundred cattle, and all under ono 
cbief, they formed an association, recognised as a portion 
of the tribe, for each thereupon shared in the common tribe 
land (dibadh) aud paid for the crimes of the other membcr 
of tbéir separate organiza.tion. The phrase "They sharc the 
tribe property," translated as in the last sentence by an 
earlier glosaist, is translated by a subaequent commentator, 
"Each of them shall share the tribe property of cach other ;" 
ftccording to this view tbe reciprocal Iiability for crimes 
drew with it common righta and joint ownerships in the 
a^^egate stock of the five honaes." But whatoverrights 
the five head men of theae " fuidhir " housea acqnired in the 
common stock, it mnst have been subject to the succession 
of lineal heira, as in a subsequent passage we read (in resiiect 
of the caae of fuidhir tenants), " the father doea not sell any- 
thing to the prejudice of his sons, grandaons, great grand- 
sona, or great great grandsons."* To constitute such a com- 
munity there must have been a certain number of persons 
belonging to different houaeholda, and also possessing an 
adequatiC amount of property. The sons, brothers, &c., of 
an housebold were liable for each others deeds without such 
organization, and the addition of impecunioua persona into 
Buch an as.'^ociation would create a liability without any 
reciprocal guarantee. 

" Poat pagv 43. Tha precise meaaiag ii Dot importaat, bnt we tn indined lo 
piefei the latter Iranalation, 
t Po«t, p. 287. 



IHTRODDOTION. 



Ixxv 



There must have existed distinct and early lawR of 
hereditaiy succession to lands of inheritance (orba) amoag 
the Irish Celtic tribea, but thcso ruloa have in fact bcen 
amalgamated in the "geiJjine" sjfstcm, aiid eannot bo now 
HDderstood apart from Ít ; the Welsh rules whicii may be 
assumed to have some general rcsemblance to those of the 
Irish, throw, in our opinion. considerable Ught upon thís 
Bubject. The relation of the father and eon in the Welsh 
law in reapect of the fami]y inherítance resembled rather 
the civil law subatitution, than the English joint-tenancy ; 
"neither ia the son to deprive his father, during his lifo, of 
land and soil ; in like manner the íather is not to depnve 
the son of land." * Such a rule, if Btríctly carried out, would 
have created a perpetual succession, and the right of the heir 
could be barred only in one way, viz., by an agi-eement 
between " father, brofhers, cousina, second cousins, and the 
loi-d ;" a proceeding the aame as the present mode of Tiarring 
a Scotch tailzie. Upon the death of the father, the daughters 
took nothing, unless there waa a failure of male heirs ; upon 
tho death of the father the sons divided the ianda between 
them in the foUowing manner : " When brothers share the 
patrimony between thera, the youngeat is to have tho 
princiiial tyddyn, and all the buildings of his father, and 
eighterwaofland, hisboiler, his fuel hatchet, and his coulter ; 
because a father cannot give these three to aQy but to the 
youngest son ; and though they should be pledged, they 
never become forfeited. Then let every brother take an 
homestead with eight erws of land ; and the ^oungest son 
is to share, and they are to choose in Bucceaaion from the 
eldest to the youngest."'t 

The inheritance having been thns divided among the first 
generatiou of descendants, was again divided among the 
grandsons, and again among the gi-eat graudsons, afber which 
there waa no further apportionraent. By this we must 
underatand that the three first generations of descendants 
'toofc "per capita," and that the fourth generation retained 

* AncioitLainorWales, VoL I, p. 177. 
t Anclent Ltw» of Walea, VoL L, p. Bi3. 



Iixvi 



INTRODUCTION. 



the existmg aharea by household or per stirpes. The reshw- 
ÍDg waa subject to the cxceptJon that uo ooe should "reraove 
from his tyddyn to another ; becauae the tyddyas are of such 
a number that no one is obliged to be a builder for another".* 
The right to Ínherit the share of any deceaaed relative, waa 
□ot as collateraJ heir of the deceased, but aa a lineal descend- 
ant of the original anccster ;t to nse the terms of Engliah 
law, heirship waa clauned not to the last scizod, but to the 
purchaser; but the right of inheritanco stopped short at the 
fourth generation of descendants ; tho descendant in the 
fifth degree liad no hereditary claini through hia anccstor to 
any portion of the lands of inheritance, and therefore Itins- 
men more di3tantly related than third cousins could not be 
heirs to each other in respect of ahares in lands of inheritance. 
In defa.iilt of relations wLthin this degree the land eacheated 
to the king4 It is to be remarked that accordiug to thia 
8y6teni tho elder brothera go out of the father'a houae and 
establiah themselvea in aeparate buitJinga, upon diatinct 
portions, cut out for them of the lands ; and tlie youngeBt 
aon Í8 left Íu the possession of the oríginal honiestead and 
alliLsgear. The i-edivisíons are not partitions of the land 
exhausting the entire, but on these occasions each male 
descendant acquires a fixed portion as his share ; after thu 
third generation there is no furthor redistribution of the 
land; and after tho fourth generation the family organiiui- 
tion ís dissolved ínto aeparate households, each of which 
(for the purpose of iuheritance) had no relationship with the 
othera.§ 

■ Anclent Uvb Dt Witn, Vol. II., p. SOl. f Id. J Id., Vol I., tk MS. 

S Thit tbe hcreiUur)- ri|;bt of aaciceMToii to piopertf ind Ihe cIumaDÍ fclnihlp 
shoold cciae, or be vcrj' mQch dimlnliihod tt nome partÍcuUr poiat in Uie cbain of 
deBcent, ii ■coaceptioa DoC unluiawD to ■neienl U«. "The tjpicil ezample of 
thlt divislon of the clon, tt oí so miD^ othEr of oui' earl^ institutions, ii fúiiad In 
Icdia. In Ihat couatr]' the degreis of IflndrBd, u I bire Hnaiy oburvad, wera 
determbed by tho nature d( Ihe tarnd cigbta in which the kiaamea Bliired. The 
neBrer r^liitivea offcied to theiidc«ucdaDceslonlhe/iÍnJaoratcrificia] cake. The 
more distant relaliTes made an offeriog d[ waler. The former «ere Eallsd Bapln- 
daa, or pcrBoiu conaected wilh the calic. The latter were called SunanodDcas, 
or perrana coaaected hj equal DbUtion» of waler. The relalion of tbe Sapiadas 
ceueg with the «eventh pcraon, tlut 'u, wllh the tixtix degiee ol kiadred." (Tha 



INTBODnCTION. Ixxvii 

In the followuig observaUons it is desirable to use the 
terra "tribe" and~"faniily" in a techincal sense, treating tlie 
former as mdicating the larger organization bnown aa tlio 
"cinel," the latter as equivalent to the "Jine;" thia distinc- 
tion between the " tribe" and the " family" appears Ín all 



degrtea oí kiiiilred ia Ihis passage are cnlcuUled apcoriliag lo Ibe nilea ol Iho 
Engiis]i,nolbllbeCiiilL<iT.) " Tlie reUlion of the SunuiodocísreíMS only wben 
Ibeir birlh and foniÍly name are no looger iutoini. Tbe SBpÍodu bave tlie primar)- 
rlgbt of inberitanee to > deceased penoD ; aml failing Ihe Sapiodiu the Samanodocaa 
íuíeecd. In othcr wurd« «U thtae pcrMins afo Sapindaa, who bave b common 
Rrent-Rrandfiilíiei, or olbcr peiier oicendaat, thBt Is ac«ond eourina and a!l nearer 
relatires. All thoee peraoiu aie Sainanodocag, who havs ■ conunon great-eTeat- 
grandíather, or otlier more remole ascendant, that ia (hird catuinB and ail more 
diitant reiatives. In the former ense, Ibe tommon ancMlor who marlia tbe limit, 
is tlie (alher's grandfather. In the lalter «>m ÍI it Ihe graDdfother'a grandfather. 
ThuB tho Prínce o( Wales and the Ex-Crown Princo of Ilanover are Sapimba, 
becaura thef Iracc descent from ihe «ame great-grandfather, King George III., 
Iiut (belr children fail into the wider ciicle of Samanoducns, or more remole 
liinBmcn.— 7Í( Jijaa Binudiold, p. 108. 

Tho aclaol text of the Welaii Law Ís u tollowí i— 

1. When ■aoa Bhare their patriinon}' betneen them, the j-aangest Í9 to havc the 
principal tydáyn, and ail the buiiilings of hu falhcr, acd eighl crwa of iand, hia 
boiler, bis fuel hatulnt, and his coaller; because a fatbur canDot glve the«c tbree 
lo anfone bat Ui the ^oungcr son; anil thuugh theyshould bc pledged, Ihcy never 
liecome forfcited. Then let evDT/ brother Uhe a homeateod wilh eight erws o( 
land, and theyaangeat eon Is tu ahare; and thcy are to cbooie In Bucces'ion, from 
the eldeiit to tbe Toungest. 

2. Three timea iball the same patrimony be ahared betwcea Ihree gradoa of a 
lilndrcd; Srat between brothera, the aecond timc between conains, Ibo third time 
helween seeond cnnrini ; af ler tbat there ia no piopriale share ol the land. 

3. Vo penton ia In demand re-eharing, bul one who has not obtained a ibare by 
cboaiing 1 Ibence tho pioTerb, tbere Í4 oo clioice in what b seltled. 

4. Ka peraan ia to obtain tbe laad of a co-heir, as of a brother, or ot a coosin, 
or of asecondcoasin, bj- claiming it ai beir of the one co-heir who ahail have died 
withoul leavini; an heii of bia tiody ; butbj claimingltaa hcir to one d( hii own 
pBientí, who bad been owaer of thsl ianil unlil hia death wilhaut heii, whether a 
(alhcr, grand(ather, or great-grandfather, that land be is la have, if he bc the 
nearvit iiext-a(-lun to the deceaaed. 

5. A(Ier bratbera ihall bave afaared their pBtriiDony lietweeii them, if ono ot 
them dic wilboDt learing an heii ot hla liodv, or co-liBÍr, lo a third comin, Ibe 
hing ie to be Ihe beir to tbat laud. 

& Aa B hiolher ia rigblful faeir lo hia pBtrimony, so is hl> eistei rigbttul htiz 
to her gwaddol, tliTaagh wliich ahe mBy oblsin a husband entitled lo land ; that 
is lo BBy, from ber father, or (rom her co-iBberilar«, if >bc lemuin undei Iho 
guidance ot bcr parenla and oo -inberitora, 

7. If nn Dwner o( land h«ve no other hcir Ihan a danghlir, tUe daughlcr is lo 



Ixsviii 



INTHODCCTION. 



early 8y8teina, and correlativo tenns expreísing them are 
found in many languagcs.* 

The "family" came into being under certain circumstances, 
and again vas dissolved upon the esistence of a certain 
state of íacta ; the " tribe" existed beforo the " faniily" came 
into being and continued to exist after the latter had been 
diiBsolved ; the "tribo" consisted of an oggregate of individuals 
connected by a real or assumed relationsliip, and occupying 
in separate bouseholds a diatrict of which tbey Ín soou] 
manner were the eotnmoa owners. 

Let us consider the circumstances under which a " familj " 
organized upon the geilfine system camu into exiatence ; 
ihe mere fact that a member of tbe tribe had a certain 
number of children would be insufficient, for it rested 
upon the baaia of tho possession of a diatinct and separate 
property ; nor ogain would the bare fact of the posaeasÍQn 
of lond enable a member even of tlie " family" to found a 
new geilfine groui), for there waa only one auch oi^aniza- 
tion in cach famity, 

Tbo property upon which a fanii]y was formed waa not a 
right to a sbare greater or less in the general tribe land to 
be allotted from tírae to tiine, or a right to dopasture the 
waste of the tribe, but the excluflive possession of a deíinite 
portion of the tribe land. granted out the general maas, and 
appropriated as the excluslveandhercditary projiert^ of the 
descendants of some definite individual, an estate corre- 
sponding to tbe A.S, bocland, aud described in the Brehon 
Law aa " orba." 

be helrcea ta the Thole Uní—The Dinulian Ctde, ch, xxlíl,, A. L. & I., yal. L, 
p. 548. 

" DUtHbntÍon U ln th« lirat placc tahc bctwMn brothf r«. Thc ]*(ning«ii Ii lo chooM 
hU tj^djn wlth auch hounu u may be upon the cight erwi, il be be kn nchelior, 
Knil from uldest to oldest let Ihem chwse (heir Ijddj-n. uid la «vcr; one what 
hoiuei mtj he npon b]£ tvMjo. Aod nfter thst let tbe j'ouugeit son shu'e in ererj 
cnne; ind from «IdeBt lo eldeit let thflm ehaose. AílerirU'ds couún* are enlitlcd 
loaie-ahBrÍDg, bul no one ahBll reinovc (rom hi« Iyddyn for anolhef, beause Iho 
Ijddfiu are o( auih nombor Ihat no ono ii ohliged lo be « buildcr for inothcr, 
And in Ihsl mBnner src lecond cauflni to re-sbBi«, And, aSlei Ihe Ihird shiring, 
let creTjone re^Uim hia ehire in bi» posieiaion lttwfu11y (hrouíth ^■rdiana of 
U.aá-boriereta.—CioralAÍaaCgmni.xiLxl. I, A. L. &. I. of Watei. vol. ii,, p, Z91. 

•TheATjtnHoiiMhold, ICl-in. 



I5TR0DUCn0K. IxxÍX 

If laod has ihiiB been dedícaied to the tuie of a neparate 
familjr, ihe claims of itA memberg to enjo^r their ieveral 
proportioiia by hereditarj right must be traced from the 
origmal acqairer, or in the old Englinh law term "* from the 
cofnqaeror." Thía i» very clearly shown by the Wekh rule 
that heirship ia traced back in the first ínntance U} the 
anceator, and noi to the deceaned Aa the family ínereaiied, 
the additional farther accommodation ii» provided £r/r^ not by 
ihe enlargement of tbe oríginal dwelling, bat by the erection 
of new baildings with «everal allotments, The brrjiher» 
ander the Wdsh law did not apon the iather^n deatb take 
eqoal ondivided or dividerl nharea, l>ot io each wa« alk/ted 
fais homeaiead with his eight erwfi of lan/l in iievenilty. Tlie 
exisience oí ihe ihiekly itcaitered ** raihs '' ín Irelan/1 wrmU 
of itaelf i»r>ve ihai ihe ''íamily'' occnpUA ita dÍAirici ín ihíii 
manner, and in ihe iraei of ihe '*Cnih OaUilach'' (aWi 
paUÍBhed in ihÍA volume) ifae iieveral UMrmbeni r>f i\us iríbe 
are awomed to occapy m\aMUB htttmfm, dsumfuA $uí Uf m7M, 
ke^ in aocordance wiih the rank (d tíus oc«tipíer» ; iti« í>ltf/; 
íamily never «eema to faave dang iogeili^ ín ibe peculíar 
fÍDrai of ibe Sdavonic hf/uMebfAíL 

In eonsidering faow a ffeíl/íne xfnietn msgbi faave \pf:m 
fbrmed, ifae qoesiion wfay il»e number (4 nev^mU^en ffmtít'A 
an elemeni in ifae f/rffaázAium u»zy be ymiyfuef\ tfjr mI^ 
aer|oeni coosidefaiíotL Notfaing can be nM>re em^jarraMÍng 
ifaan an aiiempi io twjsaíxwX a »y54^i» fopun/Jed U/ifa n\^m 
hixedkíaj dí^ieí^ mA (XiVú^ aríifanMrii/iaal prffpfff^ 

iiouL A £uQDály ariang^ apoik »o«f^ rn^ 
fae eaaly máefí^jifA, íf fjMe ifae prin<^k ^4 héít^VtfMfj nfyp- 
tXMáfm wfaicfa onderíie^ tt, fai^ a«k^:3*^íM/l ; a \^AitM^ í/i^ 
tMtúríst Teating iipoa tfae viltfiirm of a ftxM iviinW Ufftu ifa^ 
mMnáie nuus «f ifae pip«:iIaU6«(, ^^ l/<; m^/t^ Up faav^ 
been an acUiaEj wfiriúz^ fnatóatúr/tx £«<i wfai^ w«; #(^4 
cf aaaeml&a iónQieii <of nM&b»» í^\Af:%eA íu ^sfcíXftín ptffpfft^ 
táws, or in fixed lusnibtf»^ <om f4 f^Set^M^ ^nfipt^ f^ $4 
jvopeitj dÍTÍded anMb^ tfae <^«««t«A/itaAítA 6f ii^me: XM^fcíáiffft^ 
im a lizéii naiiftlber of ^faarsft^ ít ii» ^*:£e«r t&dít wt^ ar «^ a<r I^i^^ 



Ixxx 



INTHODUCTION. 



ijealing with actual facts, but \vith theoretical descriiitiona 
of what tlie institutioii was supposed iti the abstract to have 
been, The Dumbers In eacli family muBt be uncertain ; Bome 
raen have many, some few or no descendanta, Thc acbual 
condition of the population must soon have rendered ita 
arithmetical classiflcation impossible, if such cla8.sifícatJon 
ever exiated in fact. No one pretends to believe in tho actual 
exiatence of the ear]y Romao constitution, with a perma- 
nently fixed niimber of tribes, curiie, gentes, and familise; 
and yet upon the assumption of the existence of an almost 
impossiblc state of facts rest thc numlier of the members of 
the senate, and the organization of the Ii'gion. Institutions, 
aa all else, must accommodate themaelves to exiating facts, 
and in such cases as thoso to which we have referred the 
principle of hereditary right must shake off thc incumbrance 
of arithmetical arrangoment, or the mmierical airangement 
be carried out in disregard of the strict rules of dcscont. 

The original acquirer of "orba" land establishes iipon it 
hia household, and as the number of his sous increases 
beyond the capacity of one common dwelling, they succeas- 
iveiy go out, take sepamte allotments, and establish them- 
selves in distinct homesteads. Thia scattering of the original 
household must have arisen as a mattcr of nccassity, as Uie 
conscqucnco of an increase in number beyoDd thc accommo- 
dation of the patemal dwelling. The eldcat would probab]y 
firsf marry and leave the original home, and the order of 
their departure would probabIy foUow that of their 8eniority. 
That the sons took their separate allotments during the life 
of the parent, and not upon hia death, is the onIy mode of 
explaining the Welsh rule that the youngest and not the 
eldest aon, succeeded to the father's house and gear ; thia 
must have rested upon the assumption that the joungest 
son alone remained Ín hia father's house, which he jointlj 
occupied with the father, upon whose death he remained in 
aole possession by survivorship, rather than succeoded by 
inherítance. Each aon as he successivel^ lefl his father'a 
house received his share in the lands of inheritance, and, 
having become the head of a distinct household, would 



INTRODUCTION. IxXXÍ 

cease to be a joint owner with his father in the original 
propertj; the portion acquired bj»' an elder son who had 
thus gone out would pass to his descendants^ according to 
the ordinary rules of descent, but the undisposed of residue 
of the original lands would survive to the youngest son, 
who had not gone out, as representing his father in the 
manner before mentioned. 

The "geilfine" system began to exist when there was a 
father and four sons ; but the question arise^ as to the 
particular date at which this happened. That such date 
was that of the birth of the fourth son is in every way 
improbable ; the members of the system are always spoken 
of as "the seventeen men" who have definite rights and 
considerable liabilities, which could neither be enjoyed 
nor perfomied by infant children residing in their father's 
house. The members of the geilfine stood in definite rela- 
tion to each other ; they had certain rights in each others 
property, but what was more important, they were jointIy 
liable for the wrougs committed by any of the " family," 
and were guarantors among themselves for the payments to 
be made in respect of any such. That a man's four infant 
sons, who resided in his house, and possessed no independent 
property, were joined with him as security for his debts, 
would be of no advantage to extem creditors, and the father 
could not expect any benefit from having joined with him- 
self as co-securities, his sons, who had no property except a 
contingent interest in what he himself possessed. The nature 
of the relation between the members of a " geilfine " syst«m 
implies that they all are mi juris, and all o wners of property 
eflScient to answer their joint and reciprocal obligations. It 
is at this point that the great importance of the mode in 
which the " findhir " tenants are organised into a fictitious 
family is apparent. Tbis was, as stated in the passage 
before referred to, effected by combining into one, five dis- 
tinct households, not individuals, each possessing a fixed 
minimum of property. The unit here, as is generally the 
case in early tribal systems, is not the individual, but the 
household ; when an individual is spoken of, he is referred 



IxXXÍÍ INTRODUCTIOX. 

io in his characfcer of the head of an household ; his property 
is originallj the property of the household, of which he is 
the manager rather than the absolute owner. It is remark- 
able that the hereditary rights of succession of "findhir" 
tenants is apparently connected with the fact of their being 
organised ; this would be a natural consequence of such an 
arrangement, for the property of any " findhir" house having 
been caught by the system of mutual guarantee, the house- 
hold would be continued for the purpose of the fulfilment 
of the guarantee, in the persons of the sons of the original 
head as a member of the artificial family. For these reasons 
there arc considerable grounds for assuming that the four 
sons, who jointly with their father formed a " geilfine," are 
four sons who have gone out and established themselves in 
independcnt homesteads upon their allotments. 

Disregarding again for the prescnt the question of 
numbers, the father and liis sons, who have left the original 
home, and established themselves as the heads of indepen- 
dent houses, form the nucleus of the " geilfine " arrangement 
of the family ; we have now an organization of households 
and a communitj', or land held by a community (coibne), 
instead of land held by an individual as head of an house ; 
and in place of being " the paterfamilias " the father becomes 
the " geilfine " chief, or the head (ceud) of the community. 
The number of households in the community is fixed by 
the number of new homesteads established by the sons 
who have gone out, that is, a number equal to the simi 
total of the father and his forisfamiliated sons ; and if the 
union be an union not of individuals, but of householders 
representing their separate homesteads, the sy8tem wiU 
not be broken up by the death of any leaving issue, but 
his successor in the headship of his house will take his 
place in the geilfine sj'-stem. 

The youngest son, succeeding his father as head of the 
original household, would at an early period probably 
succeed to the headship of the family also. The ancient 
religion of the Irish Celts has absolutely disappeared, but if 
their religious ideas resembled those of many others of the 



INTRODUCTION. IxXXÍÍÍ 

early Aryaii tribes, amoDg whom the headship of the family 
is intimately connected with the performance of the sacred 
rites at the original hearth, it would not appear unnatural 
that the headship should remain with the son, who, although 
the youngest, occupied the original home of the family. 

The geilfine system having been once originated, it is to 
be considered whether the sons of the original acquirer 
represent the branch of system technically known as the 
"geilfine" branch, or represent the first members of the 
four distinct branches, as is the opinion of Mr. M'Lennan. 
To the latter opinion there appear to be insuperable 
objections. It excludes the ancestor from the system 
altogether; it confines the number of households in the 
family to four; it certainly fails satisfactorily to account 
for the extra member of the geilfine branch ; it introduces 
the wholly foreign theory of primogeniture ; and it involves 
the fatal difliculty that a large proporfcion of the members 
must be infants ; as to the extraordinary longevity and 
power of reproduction he attributes to its members, we take 
no objection, as its author throughout treais the geilfine 
system, not as an existing social organizatjon, but a specu- 
lative theory of descent. 

That the geilfine class was formed before the deirbfine 
began to come into being, must be, in our opinion, the 
conclusion to be arrived at, upon an examination of the 
texts, and is the only theory upon which the peculiar in- 
timate union between the members of each class amonor 
themselves, and the gradations of rank and probable diflTer- 
ence of wealth among the classes can be accounted for. 

The creation of the deirbfine class is similar to that of 
the geilfine, and would appear to have arisen in the same 
manner. If the sons, who leave the original home, take 
fixed allotments to which their descendants wiU be con- 
íined, and the original home and the balance of the lands 
of inheritance remain with the youngest son, and are 
available for the establishment of his descendants, it must 
follow that until the lands are completely occupied, the 
elder stocks must be constantly losing ground in point of 

/2 



IXXXÍV INTRODUCTIOX. 

• 

wealtii BS compared with ihe youiiger. If a son of the 
youngest son can, on leaving the original home, receive an 
allotment similar to that which his father's elder brother 
reoeÍTcd, his position is much better than that of his fírst 
cousins, and with each successive generation the disparity 
would become more marked. The answer to this objection 
iSj that the existence of this very disparity, is one of the 
most peculiar, and, at first, unaccountable facts of the geilfine 
8ystem^ according to which the members of the geilfine 
dass are, by the introduction of new members, promoted, or 
degraded (it is immaterial which term is used) into and 
through the three other classes.. with a loss upon the occasion 
of each remoTal of position and property, but with a co- 
relatÍTe diminution of liability. 

That the four branches of the geilfine system represent 
four distinct generations of the descendants of the original 
acquirer must be admitted ; the terms dcscriptive of the 
four classes are repeatedly used as expressing ilie four 
Buccessive generations descending from a supposed nnces- 
tor ; but it appears equally certain that none of the classes 
were the descendants of any other of them. The glosses, 
indeed, treat the geilfine branch as being sons, the deirbfine 
branch as being grandsons, &c. ; but if the views of the 
commentator in the Book of Aicill are not to be actually 
discarded, the " indfine" class contained the senior members 
of the system, and the geilfine the youngest; and hence 
the anomaly that the word which signifies the junior 
members of the class, are supposed to indicate the sons, and 
that which signifies the senior members of the clfu» the 
great great-grandsons of the same person. So far, however, 
from treating the " deirb/ine " as representing the " geiljme " 
dass, the former is spoken of as a foreign branch taking 
only upon the failure of the issue of the geilfine. 

The youngest son of the original acquirer, having suc- 
ceeded his father, marries in his tum, and his sons, beginning 
with the eldest, go out successively and settle on their 
allotments. The second head with his four forisfamiliated 
sons forms a new geilfine branch, and that formed by the 



INTRODUCTION. IxXXV 

four sons of the original acquirer is pushed down into the 
deirhfine class ; the original house^ being that out of which 
the successive generations have swarmed, always continuing 
as an household of the geilfíne, and thus the existing chief 
with his forisfamiliated sons always forming tho geilfíne 
division ; the claim of the several branches of the sj^stem to 
their respective allotments, supposing the generations to 
have died off eveiily, and the whole number soventeen to 
have been fílled up, would be as follows : the geilfíne would 
be the sons of an existing head or chief ; the deirbfíne, the 
first cousins of the geilfíne, would claim as the grandsons 
of the previous chief ; the iarfine, second cousins of the 
geilfíne, would claim as great-grandsons of tho second last 
chief ; the indfíne, the third cousiite of the geilfíne, would 
claim as the great grcat-grandchildren of the original 
acquirer. The senior branch upon this supposition is that 
most removed from the chief for the time being, and for 
the reasons before stated also the least wealthy. The four 
divisions, representing four successive generations, would, 
if the analogy of the Welsh Law is of weight, complete the 
system ; if the right of hereditary succession was not trans- 
missible beyond the fourth generation of the descendants 
of the original acquirer, the sons of the fífth chief or head 
would have no right to allotments, and no further indepen* 
dent households could be formed. 

If the respective classes represent in the manner above 
mentioned four successive generations of the descendants of 
the original acquirer, each generation represents either 
brothers or the descendants of brothers ; and each class^ 
taken by itself, formed a distinct subdivision of the family, 
the members of which were the nearest relations of each 
other. 

If each class represents a generation, it, at first sight, is 
difficult of explanation how four successive generations re- 
main of the same number, neither less, nor more, but this 
objection is removed if we admit that each class is in fact 
the offspring of a single individual. 

We are strongly inclined to believe that in its inception 



IXXXVÍ IKTRODUCTIOX. 

the respectÍTe elasses were not tied down by any fixed 
roles as to nmnbers, although at the date of the commentary 
on the Book of Aicill the nmnber of seventeen was con- 
sidered as of the essence of the sj'stem. The geilfinc 
organization is fireqaently spolcen of as the " seventeen men," 
which wonld lead to the snpposition that the number was 
always kept np by some contrivance to that amonnt ; but 
firom the rule that a class was not extinguished as long as 
tbere was one member of it in existence, it is clear that the 
system could, and must oíten, havc been worked witli \eTy 
rednced numbers ; a circumstance not incompatible witb 
its successful operation, for the survivorship existing among 
the members of each class would concentrate the property 
of all in the hands of the last survivor, and leave the 
amount of property available for the fulfilment of tlieir 
mutual guarantees unaltered. 

The numerical form of early institutions arises from the 
desire of half-educatcd men for an unattainablearithmetical 
completeness in their arrangements, and from the wholIy 
unwarranted aasumption, with the view to enable them to 
constmct theoretical 8ystems, that all the families would be 
of some fixed amount, and that the members would be 
bom or die off in the required order. The lawyers who 
reduced to writing the customs of the "Jine,'' assumed that 
the number of children in each family would be five, that 
is, four who go out, and one who remains in the original 
home, and that, therefore, the 8ystem in its complete de- 
velopment must consist of seventeen persons, although 
probably as a fact it frequently fell short of that amount. 
Tbe perfect form of seventeen persons, divisible in the 
four dasses, each representing four brothers, with the 
addition of the head of the household occupying the original 
home, became the accepted theoretic form of the institution. 
If the number of seventeen members once became the 
supposed essence of the arrangement, that, which oríginaIIy 
consissted of four dasses, each of which was assumed to be 
four in number, and which, therefore, with the addition of 
•jriginal houie, made up seventeen individuals, was con- 



INTRODUCTION. IxXXVÍÍ 

«ddered as an organism of seventeen persons, sub-divided 
for occult reasons into foar classes containing each a certain 
number. 

In the "Bee Judgments " and " Rights of Water," allusions 
are máde to the four geilfine classes, which manifestly prove 
that the four classes were regarded as distinct from, and 
contrasted with, each other. The geilfine 8ystem must 
have been familiar to the authors of these tracts, who 
illustrate local positions by reference to the relations be- 
tween these classes. Nothing can more clearly show that 
each class was considered as a complete entity in itself. 

Although the rule may have prevailed from an early date 
that the four geilfíne classes should comprise no more than 
seventeen menbers, the number thus theoretically fixed 
could not ofben have come into conflict with facts; the 
chance of four successive householders in the lineal descent 
having each five sons, all of whom marry andhave issue, is 
very remote, and may be practically dismissed from consider- 

atÍOEL 

We have already stated our explanation of there being 
four classes in geilfine system, and no more, viz., the rulo 
that hereditary rights were not transmissible through moro 
than four generations, and that therefore the organization 
could not be carried on beyond the great-great-grandsons 
of the original acquirer ; other results worthy of consider- 
ation would arise upon this contingency, which are implied 
in the remarkablo phrase ; " From this forth it is a case of 
a community of people, it is then family relations cease." 
At first sight it would appear that the paragraph states that 
the innfine class divide among themselves the residue of 
the lands " of the family " as if it were " common tribe land," 
and that thereupon the organization of the " family," was 
dissolved. This would imply that the " innfine " class could 
at once on coming into being, dissolve the "family," a 
conclusion contrary to all the passages, which treat tho 
"family '' with its four classes as a continuing entity ; it is 
qoite impossible to imagine that the completion of the 
system involved its dissolution. It appears that no further 



IXXXVÍÍÍ INTRODUOTION. 

generation of sons issuing from the original dwelling could 
obtain aHotments^because the fourth occupierof the housewas 
thelast whohad a right to settlehls sons onthe *' family "land ; 
his younger son, the fifth occupier of the original holding, 
couldputout hissons as they married, but was obliged todivide 
the original holding, which up to this would have remained 
entire, among all his sons. The peculiar privileges attached 
to this holding would be lost, and all the '' households " 
placed on an equality ; the house which up to this had been 
the chiefs house would become one of the houses of the 
ultimate ''geilfíne^' divisions, thus permanently raising the 
number of members of the class to live ; the undisposed 
of residue of the land, so much as had nob been allotted 
to the sixteen members of the four divisions, would be 
divisible among the households probabIy per stirpes. The 
land of the " family, " which up to this had been regarded 
as the tmdivided property of the community (coibne 
land), is broken up among the varioua members in 
independent properties. This explains the expression relat- 
ive to covenants dealing with coibiie property, " which 
the fair chief of the tribe ("family *) confirms unless he be the 
8ÍxÍh ;" for the sixth chief of the '* family, *' however elected, 
would be the first who did not represent the rights of the 
original acquirer. We have no information how the "geilfine" 
chief was subsequently appointed; the note prefixed to the 
commencement of the Tract " On Succession " proves that 
the succession to the headship of the " family " was an open 
question, and that the Iawyers were inclined to support the 
doctrine of seniority as against some previousIy established 
rule. 

It ia necessary to consider the rules of succession laíd 
down in the commentary in the Book of AiciII, with the 
object of ascertaining how far they agree with the theory 
of the origin of the geiljine 8ystem which has been here 
suggested. The well known passage in the Book of Aicill 
appears to treat of the question how the property of a 
household should be divided among its members, and would 
therefore deal with a much later stage of the Brehon Law, 



INTRODUCTION. IXXXÍX 

when the property of the originallj united household was 
subject to distribution among its members. The principlo 
that this propertjr should be divided among seventeeu per- 
sons at most, was then aceepted, but the reason for such a 
number being fixed upon had at that time been forgotten, as 
there are no defíuite grounds shown for the distribution of the 
members into the four classes, and the essential and distinct 
unityof each class has been abandoned by the supposition that 
an individual of one class can be passed on into another class 
by the increasing number of junior members, and that, when 
the number of possible members exceeds seventeen, the senior 
member of the '' innfíne'' class passes out of the organization. 

It was, of course, impossible, when dealing with the mere 
distribution of property among the members of the house- 
hold to supposc the system broken up when the number 
exceeded seventeen, and the extrusion of the senior member 
was a devise to avoid this difiiculty. Sir H. S. Maine's 
explanation of this passage, supposing it simply to express 
a late mode of dividing household property upon tho 
analogy of the prior distribution of íamily property, may be 
adopted with the exception of the continuance of the parent 
in the geilfíne division.* The addition member of that 
division was, it seems, introduced from the older system, 
and retained after the reason for thefacthadbeen forgotten. 

Assuming the original geilfine system to have been such 
as has been suggested, the principle for the division of the 
property of the household laid down in the Book of Aicill 
is clear and consistent. 

The actual relationship of the members of a fully devel- 

* Although great weight is to be attributcd to the opinion of Sir II. S. Maine, 
it inay be fairljr conjectured that at the date of the Commentary upon the Book 
of Aicill the rulea for the distribution of property in the case dealt with were a 
mere survival of an organization which had practicall^ ce'ased to exist, and that 
the seventeen consisted of the seventeen junior male descendants of the stirps, 
without reference to the original number of sons, and that these seventeen were 
arranged in classes af ter the analogj oí the ancient divisions of the family. The 
anomalous results which would follow in some cases where the number oí male 
descendants exceeded seventeen would not be more extraordinar^ than those 
which in exceptional cases occur under all sjstems for the distribution oí propert/ 
af ter dcath. 



xe nmoDucnox. 

«ped gai&De sjstem, if &I1 the membcrs died g& at regolar 
itterT&br w.MiId be as follows. The members of mll tlie four 
riham wryald íben be the desoendants in the foorth d^;ree 
«f tíbe orígínal aoqnirer; the '*geilfine" division would be 
idke fiisc eoosDs of the deirbnne division ; the aecond coosins 
úS tbe: iarÁM dÍTÍsion, and the third coosins of the inndne 
dÍTBS» ; the deirbnne dÍTÍsion would be the first coosins 
cf the oeifiiji^ dÍTÍsion : the second coudns of the iarnne 
di iition, and the third coosins of the innjine division ; the 
VMrime dÍTÍg<A woold be the second cousins of both the 
giálmme aikd deifhnne divisions, and the third cousins of the 
imnHne dividon: and the innfine division would be the 
thifd erasins of the three other divisions. Tbeir relation- 
diip mignt also he traced by representation, that is bj the 
icJatioDflhip which at the first existed bctween the original 
memben of each division, in which view the geiljine division 
woold be the nephews of the deirbfine division, the great 
nephews of the iarfine division, and the great great nephews 
of the innjinie division ; the deirbjine division would be the 
mides of the geiljine division, the nephews of the tarnn^ 
divisi<»i, and the great nephews of the innfine division ; thc 
iarfine division would be the uncles of the deirbfine division, 
the great uncles of the geilfine division, and the nephews of 
Íhe innfine division ; and the innfine division would be the 
UDcles of the iarfine division, the great uncles of the deirb- 
fine division, and the great grcat uncles of the geilfine 
divinon. As upon the fidlure of any class the propertj is 
to be divided among dasses and not per capita, their shares 
are in the first instance determined by the assumed natural 
relaciofiship of these divisions, and if this does not difier- 
entiate the dasaes, then by their representative relationship ; 
ihe nearest class taking three fuurths, the next three six- 
teeoths, and the most remote taking one sixteenth. On the 
extinct io n of the geilfine, three fourths would pass to their 
fint ooasins the deirbfine, three sixteenths to their second 
eoQsins the iarfine, and one sixteenth to their third cousins 
the ínnfine. On the extinction of the deirbfi ne thiee fourths 
woold pasii to their first cousins the geilfine, three sixteenths 



INTRODUCTION. XCl 

to their second cousins the iarfine, and one sixteenth to their 
third cousins the innfine, On the extinction of the iarfine 
division, a difficultjr would arise, as both the deirhfine and 
geilfine divisions would stand in the same relation, viz., that 
of second cousins, and their respective portions would have 
to be determined by their representative kinship ; the 
deirbfine division as representing nephews would take tho 
precedence of the geilfine division as representing great 
nephews, and three fourths would go to the deirbfine 
divLiion, three sixteenths to the geilfine divLsion, and one 
BÍxteenth to the innfine division. In the case of the extinc- 
tion of the innfine division, all the othér divisions stand to 
them in same degree of actual kinship, and the division of 
the property would foUo w representative kinship exclusively, 
three fourths passing to their nephews the iarfine division, 
three sixteenths to their great nephews tho deirbfine 
division, and one sixteenth to their great great nephews the 
geilfine division. The distribution of the property of any 
two extinct classes foUows precisely the same rules ; if the 
property of each class be separately divided in the propor- 
tion of twelve to four between the surviving classes in 
accordance with their nearness of kinship. Thus upon the 
failure of both the geUfine and deirb/ine division, the pro- 
perty of both is divisable between the remaining classes, 
their second and third cousins, three fourths to the iarfine, 
and one fourth to the innfine division ; but upon the ex- 
tinction of the iarfine and innfine divisions, the two sur- 
viving classes standing in the same degree of actua] kinship 
to both, the principle of repr&sentation is introduced and 
three fourths pass to the deiiifine and one fourth to the 
geilfine division. 

This mode of explaining the geiLfine system gives the key 
to the rules laid down in the 39th page of this volumc. 
The p&ssage referred to is an attempt to lay down the 
rules for the succession to a female in the technical terms 
used in reference to the organization of the family. It 
appears from the gloss that the rules 3 and 4, in page xlii, 
deal with the succession to the property of a deceased female, 



XCU INTRODUCTION. 

ond that thc grand-children and great grand-childrcn, therc 
referred to, are not those of the deccased female, but of the 
original scttler, if we may use this modern term. It appears 
that the hereditary right to the vacant lands did not extend 
bejond the fourth generationof the stii-ps, and that descend- 
ants of the several generations are conceived as co-existing. 
The existing desccndants of thc original stirps may be classed 
in two modes, either as constituting a geilfínc system, or 
classified with reference to the relationship which the 
original members of any division of such a sy8tem would 
havo bome to the original stirps. In a fully fornied family 
the members of the geilfine class would be the original 
members of their division and desccndants in the fourth 
generation of the stirps ; tho deirbhfine class would represent 
their fathers, the descendants in the third generation, and 
similarly tho iarfine and innfine would represent ancestors 
who were the grandsons and sons of the oríginal stirps ; 
thus the terms geilfine and deirbhfine might in a secondary 
sense be used to designate descendants in the fourth and the 
third generation. The four genemtions of the male issue of 
the settler secm to have been regardcd as formingfour classes 
equivalent to the classes of the geilfine system, and having 
similar ríghts of property aud succession inter sese* 

TJpon the completion of the Geilfine system the "family** 
does not appear to have dissolved beyond the extinction of 
hereditary ríghts in tlie land of the faniily ; the organization 
still continued upon the basLs of mutual guarantee and 
liability ; the seventeen houses (or tho lesser number actually 
in existence) formed the patríciate of the " family," jointly 
liable for the compensation for thc wrong committed by 
members of the family, and jointly entitled to share in 
certain proportions in tho compensation payable for wrongs 
inflicted upon members of the family. The chief represented 
henceforth the " family ;" not the hereditary ríghts of the 
oríginal acquirer, for property falling in from cxtems vested 
not in him but the geilfine class; to the last the distinc- 

* The difficnltj in thifl expUuition \s tbe ÍDcomprehensible gloesea, page 41, lines 
80 and 81. It nu^ be snggeeted tbat the glosses in queetion hare been transposcd. 



• •• 



INTRODUCTION. XCUl 

tion of the "tribe" and "family" must have been clearly 
marked, the family rested on the lands of inheritance booked 
to the original acquirer, and as a family had no property 
extemal to that, the tribe possess©d the general undivided 
tribe lands and the waste pasturage lands ; these latter it is 
to be observed cannot have been included in the lands of 
the "family" which were finally divided upon the completion 
of the geilfíne sy8tem. The claim of an individual to share 
in the pasturage was founded upon his being a member of 
the tribe, and had no connexion with his membership of 
a family, and when, we proceed to consider the Crith 
Qabhlach, it wiU be clear that, in the organization of the 
tribe, the family was wholly disregarded, as in the legion, 
tho individual citizens were equal in the face of the law, 
and the paternal authority disregarded 

The conclusions, to which we arrive, may bo briefly stated 
as foUows: — (1) the geil/ijie HjBÍem was an ingeniously 
contrived organization of the " family" with the object of 
keeping it together upon the basis of mutual guarantee, 
founded upon the antecedent rules of succession to lands of 
inheritance (orba) ; and of retaining the lands of inheritance 
in the descendants of the original acquirer, as far as the 
existing rules as to " remoteness of limitations" permitted ; 
(2) that it was contrived in the interest of the noble classes, 
who possessed suíficient influence to procure portions of the 
public tribe lands to be granted to them and their families 
to the exclusion of the rights of the general body of the 
^'tribe" ; (3) that as the general tribe lands were appropriated 
by the noble class, the system in its earlier stages gradually 
became obsolute, and merely a subject of antiquarian en- 
quiry ; and that the later commentators, especially when 
once the idea of seniority as the basis of succession had been 
established, were tinabled clearly to explain its origin and 
probably found more difficulty in understanding it than does 
the modem student ; and (4) that the system when existing 
in its latest state of survival was adopted as the basis 
for a system of rules relative to the distribution of the 
property of an household, to which in its origin it had really 
no analogy. 



XCIV INTBODUCTION. 

IV. 

Oh the Incidence ok Fines and Compensátion 

FOB CbIMES. 

It is a cardinal principle of the Brehon Law that the 
liabilitj to pay the fines and compensation for crimes, 
committed by a member of a tribe or family, should fall upon 
the persons who would be entitled to his property upon 
his death, and in the same proportions. 

In this volume there are contained two tracts as to the 
persons by whom, and the proportions in which, such íines 
and compensation should be paid, viz., the tract entitled 
"Of the Judgment of every Crime which any Criminal 
Commits, &C./* and that entitled *' The Land is forfeited for 
Crime." If we could therefore succeed in ascertaining the 
mode in which such íines and compensation should be 
assessed upon persons other than the criminal himself, and 
in what proportions the fines and compensation payable for 
the death of any member of a tribe or family should 
be divided, we cannot fail to acquire a certain degree 
of knowledge as to the distribution of property upon 
the deaih of the owner, and shall be in a position to 
understand the otherwise obscure rules as to the succession 
to land oontained in the first tract published in this volume. 

The former of the.se tracts would appear to be of a very 
modem date, and not to be free from the influence of the 
principles of English Law. The reasons upon which the 
condusion is arrived at are the following: (1) it dÍ8tinctly 
recognises acts of violence to be crimes, and does not 
regard them as merely torts, treating the consequences 
of crimes in the light of punishments for wrongful and 
ill^al acts ; (2) the payments to be made by the criminal 
or his guarantors are considered as compromises by which 
he may escape the punishment due to his crimes, not as 
arrangements by which the quarrel betwecn the parties 
is to be compromised ; (3) it seems to recognise a coercive 
jurisdiction as possessed by the Judge to which the parties 
were obliged to yield ; (4) it treats the execution of the 
criminal, his imprisonment, or his servitude as the possible 



INTRODUCTION. XCV 

consequences of his crimes, and, as a logical result, discussea 
the contingency of his evasion to escape punishment. 

All these ideas are manifestly foreign to archaic law. 

The extreme vagueness and uncertainty of the use of the 
terms " deirbfine " and " geilfine " in this tract aro very 
remarkable ; an uncertainty very puzzlipg to the authors 
of the glosses and commentary, who have frequently to 
correct and explain the manner in which these words are 
used. 

It appears that the former term is indiscriminately 
used in three diíferent senses : (1) as descriptive of all the 
members of the geiljiiu organization, (2) as the deirbfine 
class as distinguished from the geilfine, and (3) as a term 
descriptive of certain relationship merely. 

The glosses and commentary are especially important in 
dealing with this tract, txs without a very careful reference 
to them eiToneous conclusions may be derived from an 
unaided examination of the oriíjinal text. 

The tract commences with a statement of the property 
and persons liable to the payment of fines and compensation. 
The rules of the priority here laid down may be summarized 
as follows : — (1) The criminal himself was primarily liable ; 
this is to be inferred from the words, "If he absconds," 
commencing the paragraph, and stating thus the contin- 
gency upon which the subsequent secondaiy liabilities arise ; 
(2) The property moveable or immoveable of the criminal 
in the second degreo was liablc ; when we proceed to the 
second tract upon tho subject it will appear that this 
Iiability was considered as a charge specifically aífecting 
the property in question ; it may be observed that this rule 
involves the idea that the injured p»rty had a legal right 
to the payment of the finc and compensation, a theory of 
anything but an archaic nature. (3) His father was liable 
in the third degree, whose Iiability is obviousIy founded not 
so much upon kinship, as upon his position as the head of the 
household of which the criminal was a member ; this passage 
i% glossed with the explanation, " when he has no son, for it 
is upon him (the aon) it (the crime) should go before it went 
upon the father ;" we may conclude therefore that the author 



XCVl 



INTRODUCTION. 



of the gloss would introduce the son into the list in prioritj 
to the father; it would appear that the oríginal text 
contempiates the críminal as forming portion of his father's 
household, but the author of the gloss perceives that the 
case of the criminal being himself the head of an household 
has been omitted, and points out that in such case the son 
whether as the co-owner of the household, or next in blood 
would be prímarily liable ; the old rule of the " coir-feine " 
law cited in the gloss proves that the liability did not affect 
ancestors or coUateral relations so long as there was in 
existence issue of the críminal to be made answerable. 
(4) His brothers, in equal sharcs ; withbrothers the liability 
by reason of kinship hero stops short, for the next class in 
order are (5) his " deirbjine " (not deirbfine relations as in 
the translation, for there isno word in the oríginal equivalent 
to relations) ; this word is explained in the gloss as equivalent 
to " geilfine," and must therefore mean that the liability fell 
upon the members of the geiljine organization, falling upon 
the several classes successively, and ultimately upon their 
default upon the geiljine chief personally ; such at least 
is the conclusion we draw from the foUowing gloss ; viz. : 
"Upon the chief, i. e. the chief who is over the geilfine 
division which happens to be there ; and it is not the chief 
of the deirbfine divisions, nor of the iarfine division. It is 
on them (the geiljine divimcn) the crime is charged before 
he bríngs it to the " deirbjim " division from whom he [ihe 
chief (? )] has taken their pledges. " (6) The household in 
which is his bed and where he is f ed, which seems to mean that 
the liability thcn falls upon those who have harboured him 
and assisted his escapc, for theso words are qualified by the 
gloss : *' if he is not caught upon his bcd." (7) The king, the 
head of the tribe, as contrasted with thc head of the family. 
The second paragraph is evidently introduced from the 
work of some other author, as it is merely a re-statement of 
the rule laid down in the first paragraph, in a much less 
satisfactory form. It is remarkable that in the paragraph 
there is introduced after the " deirbfine " a class descríbed 
as the " taoibhfine," glossed as " his brother's side family." 
This would lead to the conclusion that in the latter para- 



INTRODUOTION. XCVU 

graph the "deirbfino" meant not the members of tho 
geilfine organization, but the first-cousins of the criminaL 
It is, however, not desirable to embarrass the clear state- 
ments of the first paragraph as explained by the glosses, or 
to start conjectures resting upon a paragraph so confused as 
the latter undoubtcdIy is. 

A mere sojouming stranger, from whom the chief had not 
and could not have taken pledges, if guilty of a crime, and 
not posscssed of property, did not render any of the family 
or tribe liable to contribute to the fine or compensation pay- 
able in respect of his crime ; he was simply " put upon tho 
road," declared *' exlex," and abandoned to his fate. 

(The principle that the liability to pay should be com- 
mensurate with right to receive is remarkably laid down in 
the foUowing rules contained in the Commentary :) 

In the case of any unintentional* crime except " killing," 
the eric fine is primarily payable by the criminal ; the 
compensation {'*what he owes beside tlte ericfine" i.e. the 
honour price) is payable by his family " in the proportions 
in which they divido his property." 

In the civse of unintentional "killing" (with certain 
exceptions) both the family and criminal contribute to pay 
the entire, whether he has means of payment or not, the 
criminal paying one ^' cumhaV* of the compensation, and 
the samo share as his fatber or son in the six cunihals of 
dire fine, the family contributing the residue in the shares 
in which would divide his property. The reason for this 
rule is stated to be that if he himself were killed the entire 
family would participate in the compcnsation. 

As to intentional crimes, the rule was difierent. In such 
cases the criminal, his son, and his father were succéssively 
liable to the full extent of their propcrty in exoneration 
of the family. 

When payments have to be made by the criminal, 
they first fall upon his movable, secondly upon his 
immovable property, and finally upon himself, by which is 

* In page 249, line 1/' iiteníionar is prínted by mÍBUke for " unitUentumaV* 

9 



XCVÍÍÍ INTRODUCTION. 

rnoant tliat hc «ihould servc for it until hc workc(l out tho 
valiic of six '• cumhal.s." 

At [)ago 25Ii is íliscusso*! thc proportions in which tho 
amount payablc f»>r " killinij " should be (lividcJ among tho 
kin of thc dc(rca.M;d. Th»j words of tlic Conunentary arc as 
follows: — *'W]i':n tlic nian who is dcad in this caso has a 
son, hc takcs thc cumhnl of com[)cnsatiím alonc, if ho bc 
alivc; and if he is not alivc, his fatlicr is to tta^c it; if ho 
(thefUlie^*) is not alivc, his brothcr is to takc it ; if lic (tho 
brother) is not alive, it is thc ncarest pcrson to hini that 
takes it. It is thus tlic body-finc is dividcd — thrce cnmhals 
of (Jirc-íino fft to thc son and to thc fatlicr. Thcrc arc 
thrcc cumhals of f/i/c-finc ninainin^ afler that; a eumhal 
of íZírc-finc goí.-.s t»j a brotlicr (Jhe hi\fthersí) collatendly. 
Thcre arc two cumhal'^ oi dire-ihin still af tcr this ; ficumlial 
of dire finc oí these gocs to tlic son and to the father. 
There is one cumhal of dire fmc thci*e aftcr tliat. This is 
to bc divided froui thc lowcst man of the geiljine division 
until it reaches the uppcrmost man, and from the uppcrmost 
man until it rcachcs the lowcst man/' kc* Thus, of the six 

♦ Tliis pa.^sago il1iiHtratc^< thí* coniif^xion lictwecn thc nlhiT aiul ntm whiih .«jo 
oftf-n ocrurs iii nn'-iciit hiw. .\> l«>n;; a> thc mui fdriiiM onc of thf hnuochoM of 
w'liich tlio f.-ithir is tlii' hi-ail, ho is oIivímusIv oiii' of tho<i> iu tli<* iiaud of hÍH 
fathiT, ainl a r:i-(iwn«T nf iIh.- hiiu-í-h'ihl ]innKTty ; liut ••\«'n aft«T lic has li-íl tho 
ori:;ii:al dwi-IIiii;^ an'l c-lalMÍ-hi'il a lu'nrili fnr hinisrlf, lu- ilocs luit (-(Uiiiilfti'l/ 
sufr-M-il íii .«hakin^«>fi' Iiíh riiiuu'xidu with his |>ari'nt. lli n'-«' thi* thri'r cnianr-iiia- 
tÍMii.s rc«ini-iti'- at ll«inian law to frri* tlu' •^«in fr«im \\v' pntri t pote<t('t. It is with 
r'ífi'rciu"i" to tlii-i |iriiui|ilc tliat wi- niay ('\|)1iiin tlie |i;i-sii;f iii thi' !a"*t vmIiimic 
nhich has |)riMluí-'-'l >'• iiiii"!i ilisru'-i.iii, viz. : — *• If thc falli«T i^ nlivn and has 
two M)ns, an-l caili of tlii-.-f h.is a faniily of th(5 fiill numlHT- -i.í., fnur — it is thc 
(•|i!iiion iif'lmryr.i lliat tlu; fathcr woiilil chiiin a nian'.s sliarc in i-vi ry fauii1y of 
them, jml that in thi:^ r.iM- tlny forin two p-illiníí divi-iuns : aiul if th^ |ir(ip«Tty 
lias (•iiii'.i' froin a.'iotlier |iIa'-<.' — froni a faniily out-i<lc, thnugh tli'Tt; .-hvnld Ims 
within in tlic fauiily a ^ou or a hro'hir of th" ii'r-oii wli-i-i- iiroiHTtv caini' into if, 
)i'* í-hall not olitain it any iiioní tli.m a:iy oMt inan of th" fainily." (Vol. iiL, 
I. 3iíií.) Froiu thc i.r'-«nt iia— ;i„'r; it i« r|i-ar that, a'it!.oii«;h th«í .« lU ('.■ítalili'«hc«l 
a fcparatf: h'Mi.m-hoM for hiin.-^cll a.'nl hi- •'•i; , t!.'* fa:!i( r took a ^harc iu thc 
inoncy iiavahli' for lii-^ ho(ly linc ; au<l lui.': it níriy l:- iiifirrcil that tlic father 
wa.s ciititlcd to .>tiiii.ort in th" ■'t,ii\ l.i... -'. If a - .n olitainirl or6'i lund'*, and, 
haviit»; four soU"*, c-talili-h^d ari in'l'jrf-n-l'-Mt •' f.'«-illiín' ' -%-t('in, it apiicar:» that 
^U fattur (ou'.d ciaiin a i:;ai.'> .«l.ar': in ít. 'llu- |r>ii.l of thc r|iu:stii)n in tlie 
mgc refcrrcd i') .-Gc:ns t'^ l.c, mhat wa-' th'? {0-Iti«.;n of thc íaihcr if hc had twj 



INTROOUCmON. XCIX 

riirnliíils of the dire finft, tlu; fíi-ther takcs two, thc aon two, 
tfi^: hroti.f-r ono, thc ^oilfine divi.sion one. As to what ia 
fityU-r\ t.lp: '"omp^.níwifion 'th^í honour prico) nonc of itpassca 
t^> th-: if/'iWiTif'. /'livi.sion ; thi.s thf; son, in tlíu first instance, is 
f'.nÚT.lf.ti f.h \ in dofiuilt of a .son, tho f;itijfT; in rlcfault of 
tlic fatlifrr, ti.'i l.p.tíinr ^or hríithfír.H; ; and in rhjfault of a 
hrother, th^, r.»nr':'.t p^'TVin to liim, hy whirrh we must 
nnr|f;rHtan'i tií.'it it pa^rí.'rs a.s a .siicofrssion to the persfm or 
pfT.Hon.i 'vi }iO wo-jM \,f: f.ntitlfjfl to the Vjrotlicr's prfjpcrty 
upon his 'l'ath. Tl.i.s 0«nimf;ntar)' i.s app#*n<lf;fl to a text 
wJiifh fh'Hl.s wifh t/i'-' ''j'iostion, "• VV'ho arc tIioy who divide 
thf; f:}iatt>'ls anfl thf: '/*//'/////. firopf-rtv í'f jf a di.'cea.sef l person ?). 
Tlí". nnswf-r to tliis in thf: oriírimil t«xt nms siraply thus — 
'•' í'o'jr, fíifiífr r»nd .son, hrothf;r an'l f;iniily.'* The Com- 
rn'ntnrv, howf:v. r, Mfion this t#xt deal.s with the mode in 
whifrh ron.jif-nsíitlon and f/'i'i fines are divi.-.ir.-lo, and 
lif'twffn Vriiorn. Xfithin;:' f-an ."-.liov/ rr.orc clearlv that to 
thf; comrn':rifíifor t!if: [)f:r-/>ns f-ntitlrd to '"(iihaílh ' pro- 
j)frty and to f-'.j.\j»f'U^:it\'tji and 'lip^ fine woro t!ie «íime and 
in th<: .-íirri" T.r'»:r»rtioii : }ni^. l.e l.r.'S c»-rt.ninlv fitiled to 
f'.xfíl/'iin v.'h't;.. r i* wíi" ííj ;ifC'.r hsrif: witij t);».- rule appli- 
rahl*: tf* tii'; fo.'iirrnvitjon, íít nf'.or'iin:^ to that applicable 
tf# tlif; fl'fif*. íin", tiif dihndh prop^rtv wouM flcvolvc. It 
wfíuld .sffiii that thf; nih; applic«aMf: to tlic- ooinpensation, 
not thiit applifal^h: to tlif dirf; finc, is thc analo^^' to the 
rule for tli'; dfV'lution of the dchadh property. Tlie nilo 

•'.TH, wh'» hfí'l J»'»th '.'.' liiM'l ífrnii! ■ '.f orha laii'!, nr: I -''v^rillv foiin'I<"l di-tinrt 
" f;i»riilM-« '* iii whi'li '.f fh'n» ^h'.iiM th'- f.itUt-r ti!i- hi.* " inan'.i shar e " and 
hit\9 fih'.iihl hi-» rii.'hls !•'■ arn\ri:;^'l u-i I»*fw'-rj th'- fwi f.íisiiii «? 

Th'' '■piiii'iri r«f'Tr"l t'» l/'ii-I 'I-.^mi fh.it th'- fafh*r h;il íi 'li-'tin''t nH'l intlopcn- 
íhrif rÍL'hf f-» u • in.iii^ 'h.ir*- " iii h'.fh <.f ff|.- faniiIi'-->, ;ilfh'.ii:;li th*'y formcd two 
(1i.»|in't lí'-illii'" 'Iivii'.TM. 'J h*' '■*'''.ii'I p'.rli'.n <.f fl:'? \>n''-:i'^*: |i'»intH out the 
(ii'iliii'ti'iii li'tw'ii thi' riiíht^ "f .1 íathíT nn'l th.it nf nny oth'T nu'inhi.T uí thc 
í/unily in Ih" f'»rin nf nn ;ir:;'iin''iit, viz. : — ".*>•» *Iiff*Tí'nt i- thr* pí»:<iti'»n of the 
ínthiT fr'iín thfit í»f nnv *ith< r iiuiiihíT of thc íninily, thnt in th»; pnírcding 
rna" th" f.ith' r In^ hi-t rÍL;ht t'» n * m;iir.s íihnrc * in hoth fnmilios, altbough 
ín Iht' 9iil.f*'*|'i*'nt in-i«í n*» mMnh*r *»f n fninilr, whatcvor tc his npparent 
rf|iiily, hn^ niiv hihwíhI rit;htH wh.'it-<ocvor." Tho f.ilh*T in tlic 8upi»*>«'d case 
w*»nM o*#-npy ihc unoin.iloufl i^í^^ition of bcing a morabcr of two incipicnt 
"familiw." 

Í72 



C CTTBODUCnOX. 

2A v- th* "' ' 'i f!r.^ UM 'lown in tliis passage ia wholly in- 

o.r.-l.-v.r.* ".•.>. tr-v. -.Vit*.-! in i#a:.'o 247, line 2. The latter 

:.í^-.-*%;;": !. ^•'.•.•v': ;>: i fV-> * xj»!aijíiiory of the rule in page 

íil'. ...'.-: L', '. r. i*. r.'. i-i >k; oh*a.Tvt<l that tlie explanation 

U ir.v.;.-.;.-.*.- .'.*. '//.'.':. iij- rnh: which it is snpposed to 

f.x:.'.>/.r., ar. i •:.;•.*., Vj ii.aU'; anv .s«'nsí* uf the passage, we 

r.', .=•*: r-:^ : ;;.•. .1'.*: i ^f pfiíí'í 247 •sliaroin" for "take." 

?»*'/v/, ?.:.': w;. .!- ' x{.lí»iiatiíiri is iiitnHhicod to explain the 

?..'f>:.íi.r':7i\ rir.'.r/irily '.f th*; fíirnily CMntrihuting to the payment 

f*{ t;.í-. r iíit\>*'ir-'sii\'tu f ir nii uniiit»»iitiimal Uillini;, and no 

*! í'h < .rT,I;»ri:i.t.i',n w«iuM U* niMM's.*<arv unlos.s the fact of the 

f;fcfíiily «.l.'uiii:^ in tli»' liahilitv t«> [m*. aiul the right to 

r«í-. iv»* í'iríiji* n^:iti«in pn-^fiitrd sonn» ilitHculty which re- 

r|MÍn'l » x|»l;in:»t.i.in. Thi * <linii'ulty nui.st have boen that 

th«* rnh.i a^ in rMní|í«'n iati«ni wrn» iii sonie extent incon- 

.si-.t<-nt wiih what woiilij híivf lMM»n naturally expocted to 

hav«? }»«<'n l.'iiil <lowii in»«»n íhi» .suhji'cl — that is, that they 

ih»vi.Ht»"l fnnii thií fiinihiiiHMital priiu'iph» of tho niles as to 

liahility to pny or nTi-ivr liins aiul couiponsation with 

th«»s«» whii.'h ii';^tilalii| tln» ilcvoliiiiou of pro|>erty upon 

d«»ath. 

If thi» faiiiilv. hy whirh wo iiiust undorsttind the parties 
liahh^ iu tho si'coiul ili'iMn», paid tlu* auuHiiit to which the 
cnuúual hiiiisi'lf was |>i iiiiarilv li:ihh\ thcv ac»iuired a charge 
ui»on his proprrtv. which thcv i'ouhl cufoive to tahing 
po.s.sossiou aiul thc n'cript i^i' ihc pn»lit.»4. *' Tho liniit oí the 
ilutu of tho faiiiilv which pfiv>i his. thc kiu*iuuurs. tropasises 
until thcv nro paid híu'k ocrv ' scil ' which thov have 
paid. toiTcthcr with it.s protit. thc jMa.'iui:: ^'i tho grass, nor 
i:;o uiu-it. iu»r tho coru iK> uv»t ^ro iuio account against 

7h-.^ ir.iiuvvl partv :ippcars tv> havo pvvssossovl a siniilar 
r.^/.: :\s r.j:.\:v.>: ivcu thc lauvl A th.o >\rv^u^dvvr, if hehad 
l.w. '. V'.;: :":'..^ ir.cíwlvrs v»l' ih.o taiuilv couUl discluirjro the 
:'...:"..*. ;\j:v.-.:.>: :! cin>.'lvoN h\ h;nuliu.; v^Ncr iV.o criiuiual.and 
ri::..-^ :V.-: "..".i^d l\'r r:uMUM'l\c^. " Aiul tho faiuilv havo the 
:-:::r wli-.::.cr t.^ luud him vncr aud have tho Lmd to 



INTRODUCTION. Cl 

themselves, or whether they will give the land for the crime ; 
and it is within the choice of the family this lies." It 
foUows from this passage that the injured party had an 
acknowledged, and acquiesced in, right to seize even the 
land of the wrongdoer in payment of his demand, which 
would have led to the very inconvenient result of astranger 
being settled upon the tribe or family land : what would 
be the legal status of the strangcr is difficult to understand, 
whether he would be entitled only to the profits of land 
held by the wrongdoer in cxclusivo ownership merely, or 
whethcr the possession of the land would have drawn with 
it the accessories of sharing the common tribe land, and tho 
depasture of the waste ; to avoid this difficulty the family 
might surrendcr the wrongdoer, and themselves acquire his 
portion of land. 

The second tract entitled " The Land is forfeited for 
Crimes," is of a very miscellaneous naturc, and of a palpably 
late datc. The idea of the forfciture of the lands of a criminal, 
irrespective of their valueandamount,arose in the Englishand 
other feudal systems from the naturo of the tenure of land. 
The lord possessed thc absolute owncrship, thc tenant only 
the usufruct upon the condition of thc performance of the 
incidents of his tenure ; the commission of a felony, in its 
nature a quasi-trcasonable act, tenninatcd the right of tho 
tenant to the usufruct, and thc land cschcated to the lord of 
whom it was held ; thc escheat of the land in such a caso 
rested upon an entirely different bíi^is from that of the 
forfeiture of the felons* goods ; but when the land was held 
in absolute ownership, and the possession of tho owner was 
that of the head or membcr of a family, although his goods 
might be foifcited, the land could not; the law as to tho 
gavelkind lands of Kent was a survival and illustration of 
this principle. In the preceding tract the wrongdoer either 
lost the possession of his land temporarily until iis profits paid 
off the amount to which he was liable, or absolutely as the 
result of his loss of status, not as a punishment in the correct 
use of that term. The author of this tract has thrown 
together a number of looso memoranda and references to 



CU INTRODUCTIOX. 

authorities upon the subject of the forfcituro of hind, and 
the fines payablc in respeet of theft, in a niauner which 
would suggcst that they represcnt the heads of some law 
argument upon the subjoct. Thc Ciise upon wliich he rclies 
is the remarkable decision as to the forfeiture of Bregia by 
the tribe of Aeiigus GabhuaiJech, in consequcnce of the 
latter having wounded in the eyc the King Connac at his 
palace at Tara ; the circumstances of the casc are fully set 
forth at the connncncement of the Bouk of AiciU in the 
preceding volunie. It is to be ob.scrved that in the original 
authority there is no allusiun to a forfeiture of the land at 
all] the decision was that thc nienibers of Aengus' tribe 
should undergo a " diminutio caj)itis,*' viz., that in a certíiiu 
proportion the inhabitants should l>e reduced to the con- 
dition of •• daer " btoek tonants : and that which is treated 
as a forfeituro of the land aroso from their refusal to submit to 
the sentenco, and emigrating in a body into ilunster. Our 
author treats tlio tninsa(*tion as ossentiall v a forfoiture in tho 
nature of a punishmont for a crimo. '* For what old Adam 
did great things were lust," i.*., as by the transgrossion ** all 
the fruits of raradi.<e wore forfeited by Adam, so his lands 
were forfoitod bv Aoni^is/'* 

Various othor passiigos in*ovo tho lato dato of this tract, 
and that it was writton eithor bv an oeelosiastio, or undor 
ecclesiastical intluenoo. such as tho following oxtract 
noted down for oiiation, '* Ood has not fi>rmod comiption 
nor any particular sp»'oios of vitJatiou, the meroiful God 
deems sucli thin^^»? atrooious ; unlo.<s land is givon no 
umpiro can hoal thoni, i*\, unlosJS land is obtained as the 
eric-fino the crimos oannot bo takon awav, thouirh it bc 
a rightoous judgo who ostiniatos thom, ftu* he would 
pronoun 00 no falsohood."+ In a subsoi[Uont passage we find 
an extraot froni tho Gosj^^l of St. John introducod by the 
w-U k:. ;'.vn pliraso of '* ut Jir'tt h\c' It would appear in 



" ^ >--'- -' "• Tir.í TíruMar ju.lgív.eíit uprn this rcoa^icn irar have aritcn from 
t:ít íi».: 1:-«: A-:i«..«. •.*Ler. l.e wvun.lcil Riu^; Cvnuac, vas •ctirijj in an officifal 



INTRODUCTION. CIU 

one passage that the autlior was attempting to introduce 
the doctrine of the Roman *' ha?res/'* 

Although evidently drawn up for some praetical purpose, 
the tone and manner of this tract closely rescmble portions 
of the introduction to the Book of Aicill, which the author 
manifestly had before him, and it is probably of the same 
and as late a dnte. 

Apart from a few incidcntal cxtracts from prc vious authors, 
it cannot be considercd as an authority on the Brehon Law, 
and is valuable as illustratingthe chíinge to wliich the older 
system must have been subjccted froni thc influcnce of tho 
Church. 

At the date of its composition tlie Irisli lawyers wcre 
perplexed by the contiicting idcas of the old law on tho 
one hand, and Christianity and thc Roman Law on the 
other, the state of mind so curiously exemplificd by tho 
introduction to the laws of Alfred. 

V. 

The Succession to Laxd. 

In the preccding scction wc have endeavourcd to ascertaiu 
the proportions in which finos and comjiensations wcro 
payable by the partics sccondarily liaUe, as afíbrding some 
reliable information as the rules of succession to property, 
and enabling us thus to explain the passages in the first 
tract in this volume dealing with the subject, and as also 
explaining the practical effect of the geilfine system upon 
the succession to land. 

However strongly the rule may be laid down that the 
Jiability to pay the finc or compcnsation falls upon those 
who would be entitled to thc property of tlie wrongdoer 
upon his death, and in tho same proportions, it is clear 
that this liability could only fall upon the persons in esse 
at the time, those resembling the class of persons entitled 
under an ordinary English settlcnient of real estato, 
whom wo should describe as liavinír vested estates in 
remainder, and must exclude thc luiborn issue of all sudv 

• Page 2G7. 



CIV INTRODUCTION. 

although such issue may subsequentlj come into being, and 
Bucoeed to the possession of the estate. The rules for the 
incidence of these pajments must have been drawn up to 
meet ordÍDary cases ; and thc more complicated and unusual 
must have been decided according to the priuciple involved 
in these rules— involved, not expressed — because the Brehon 
lawyer is ahvays dealing with specific concrete cases, and 
however elaborate in his arithmetic calculations, never 
attempts any abstract iiile or deíinition. Bcfore discussing 
the rules as to the succession of land, it ma}' be observed 
that to a large proportion of the tribc land the legal idea 
of a succession must havc been inapplicablc. It is now an 
admitted fact that the Irish tribe was not in its organization 
an anomalous institution, but was simply one example of 
those village communities whieh existed among all the 
early Ar}'an nations, and that the forms of all these com- 
munities resembled each other in their general features. In 
all the numerous books published Iately upon the subject, 
this principle has been laid down ; and the difficulty in 
dealing with thc subject at present is not to discover 
analogous cascs, but to escape being entangled in or misled 
by the countlcss examples of institutions more or less 
similar, with which we are uow so abundantly fumished. 
The district of the tribe was at fírst as a matter of fact, and 
was alway8 in tlieorj- considered to be, the property of the 
tribe ; from this are fírst to be subtraeted the dwellings of 
the members of the tribe, with their curtilages ; next the 
chiefs sharc ; and lastly, those portions of the general tríbe 
land which had been in samc manner (it is immaterial how) 
allotted to individuals or families in exclusive ownership. 
The residue of thc lands, unappropriated to indviduals, con- 
sisted of the common tillage and meadow land, and the 
common pasture or waste. The comnion tillage and meadow 
lands were divided out from time to time in separate pro- 
portions, and accordinír to some customarv law among all 
tlie memb'iTs of tlie tribe who also enj'>yed the right to 
depasture the waste ac^^ording to certain íixed rules. It is 
Ciíjar tr.a: to these lattcr two classes of land the idea of 



INTRODUCTION. CV 

Buccession is wholly inapplicablo ; the right to till or graze 
the public lands was a purely pcrsonal and temporary right 
enjoyed by the individual as being a meniber of the tribe, 
and enjoyed by his sons, not by any hereditary right, 
claimed from or through their father, but in their own right 
as themselves being members of the tribe for the time being. 
The ownership of thcse lands was vestcd in the coUective 
tribe, but the rights of each member were personal, tempo- 
rary, and incorporeal. But the nature of the interes!; of tho 
owners in land cut out of the general tribe land, and allotted 
in exclusive o^vnership was entirely different. They claimed 
under a grant made to one or moi*e persons, and made thcir 
tiUe through thc grantee or grantees ; this title to land is 
usually spoken of as being hereditary, and the land in 
question described as inheritable land, or land of inheritance ; 
but it does not follow that although the title must be mado 
under a particular grant, and through the original grantee, 
that the actual owners stand in the relation of " heirs " to 
the person through whom they claim. Our modcm ideas of 
inheritance and heirship are involved with thosc of the 
transmission of property by descent and primogeniture ; 
and much of the confusion which exists upon this subject, 
has arisen from the inquiry proceeding upon the assumption 
that purely local and arbitrary rules of our own municipal 
law are universal and eternal principles. 

Land might be allotted in separate ownership for a 
limited period {e.g., for a life), or in perpetuity ; but 
although the former class of grants are found among the A. 
S. charters, in the case of the Irish tribes wc have no reason 
to believe that the grants were limited in duration. 

When land was alienated in ^nrpctiium, it passed upon 
the death of tho original grantee to the person or 
persons entitled, according to the custom, to the succes- 
BÍon to his property ; such persons might, or might not, 
be identical with liis nearest agnates ; but even if they 
wei'e, it did not foUow that their title to the succcssion was 
founded on descent or even blood relationship. Tlie origin 
of all successions appears to be not descent, but co-ownership. 



isxaoDDCnos. 



Tlue legal tmit is not tlie mdividual bat the houscIioM; tho 
l)6a4 of ft hotise acquires property for his houaehold, luid 
possessoa it as tlie maniiger of sn iiuplied partnership, not 
Ba an absúlute owner. The hoiiaehold need not inolude aU. 
his descendants, or conaiat exulusivel/ of thom. Tbe 
emancipated sons, under the old Romnn, wouhl not have 
shared in their fatiier's proi>erty, whioh would hare passod 
to an adopted son. Our ideas as to tHo traoamissioa of 
property in ancicnt times aro, peihaps, embarraaBed by too 
exclusive a reference to tho Roraan law, Ín which the 
hffires prcsentá a misleading rescmblance to the feudal heir ; 
but in countries in which tbe tocbnical umty of the family, 
exhibited Ín tlie existence of the Roman hseres, was nob 
continucd, tlie successiou was manifestiy equivalt-nt to 
flurvivorship among joint tenants; and this pririciple of 
BUrvivorshÍp appliea not morcly to the propei-ty of the head 
of the household, but to that of every member of it. Lct 
us obser\'e how a perfcctly simple process b obscured by 
the nse of words. If a household consiste of A, the father, 
and B and C, the eona, thcy are co-tenants or eo-partners in 
the property of the household, witb the father, A, as the 
manager ; if the father, A, dies, the property stirvives to B 
and C', the sons ; in this case tfac sons would be commonly 
ipoken of as taldng in Uie character of their fHther's heirs. 
On thc other band, if B, one of the sons, dies, the propiTty 
•urrivt» to A, the fatbcr, and C, the surviving aon; we 
Aenld io tfais caAe thiak that no rights to property had 
ftmtd, aud Rpealc of tfae po88Íbility of B succeeding to hia 
ftUwr M having ceiued. Again, if a third son, D, is bom 
no >ÍMUe ebange Iias taken place, hnt, in fact, a new mem- 
Wr 1m» bcen iatroduced into the joint tenancy or partncr- 
Aip, aad ti*e ríglita of the tbree original joint tenants, 
i pr» Uinto. The extent to which heirsbip is 
\ ía tbe vA\aXenX line in any ancient law depende 
_ % magnitodc of the oríginaJ joint 

CtAraBX nMoa, laniiliu have hung together for 
ecartíiuiÍDg to fonn one hcusehold, 
^Umát mwUr íommiug the shares of all the 



INTEODITCTION. CVll 

other memberd in the common fund, the extent of collateral 
heirship admitted by the customarjr law may be very wide ; 
and, on the other hand, it will be probably found that in 
the case of a natiou which, from some extemal reason, has 
acquircd the custom of inhabiting small and distinct habita- 
tions, the degrees of coUateral heirship wiU be contracted, 
unless the idea of rehitionship be kept up by family religious 
rites. The reason for the rule that thc liability to pay fines 
and compensation falls upon the persons who would take 
the property of the criminal, and in the same shares, is that, 
as the family has to pay for the wrongs committed by its 
members, the payment falls upon the common fund, and 
diminishcs pro tanto thc shares of all who take by survivor- 
ship. 

This is iUustrated by, and explains, a difficulty which 
arises as to the incidence of, and the righis to, fines. In 
some passages the father is the person primarily liable, in 
some the son, and in some they are representcd as jointly 
entitled to thc compensation. Who in any given case were 
entitled to the succession, or liable for wix)ngs, must 
originally have turned upon the question of fact, who, at the 
date of thc death, or of the crime, were the members of tho 
household to which thc doceascd or the wrong-doer belonged. 

The rules as to thc succession to land have been em- 
barrassed by the use in tlie Brehon Law of words descrip- 
tive of diflerent kinds of interests in lands, or, rather, of 
lands distinguished by a referencc to the nature of the 
interests of the possessors ; and tlie terms used are such as 
involve a cross division. The primary distinction between 
the general tribe-land and the lands of inhcritancc is per- 
fectly clear; the fonner are ihe fearan Jine ; tlie latter are 
the orba lands. The latter class of lands are subdivided 
into those upon which the geiltine organization had been, 
and those in which it was not, established. The former 
lands are describcd repeatedly as " coibne " land — tliat is, 
land which was the property of an organized association of 
persons. The root of the word seems to imply something 
like the spreading of branches from a common stock, and it 



CVIU INTRODUCTION. 

is frequently used to dcnotc thc association of diíiercnt 
individuals considercd as one body in a legal point of vicw. 
Thcre also occurs anothcr term frequently uscd as descripti vc 
ofland, viz., "dibadh," the explanation of wliich involves 
much difficulty. It is used, as has Ijcen obscrvcd, in the 
first tract as descriptive of common tribe land as contrastcd 
with coibne land ; it is also used to cxpress the pi-ojicrt^ 
passing from a dcccascd to the parties entitled to thc succe.s- 
sion, and it is used in the lattcr scnse cvidently to dcscribe 
the share of a deceased co-owner in coibnc land when it 
passed by succession. It would appear that thc tenn is 
used rather in opposition to the temi " coibne " than as 
descriptive of any spccific class cf lands, and desigates land 
which is divisible among various imi-ties as tenants in 
common, and not as members of an association. Thc sanie 
land might be described as either " coibne " or " dil>adh," 
according to the rights of tho individuals then under con- 
sideration. The question as to thc succession to " cruibh " 
and " sliasta," the interests in which were cre«ated by express 
eontract, may bc postponcd until after that of the two other 
classes — viz., (1) land of inheritance not subjected to the 
geilíine organization, and (2) lands upon which a geilfinc 
organization had been cstablished 

Assuming that the penalty for wrong falls upon tlic 
household of the wrong-doer, and that thu succesaion to his 
property would tiike the fonn of a sui-vivorship of the otlitT 
members of the household, threepossiblecaseswouldarise — 

(1.) If the wrong-doer, or deccascd, as thc Cíise niight bo, 
were a member of his father's household, the liability wouM 
fall upon the father, and the share of the decea^cd pass to 
him, in both cases in his character of head of the household. 

(2.) If thc son did not go out during his father s lifetinie, 
and after his death continued in the house iu joint possession 
with his brothers and their descendants, the latter would 
both incur the Iiability and take the succession, in each case 
as the co-members of the household, but the transaction 
would apparently be diffci-ent from the preceding caae, for 
tbe íkct of tho succession would be herc apparent 



INTRODUCTION. CIX 

(3.) If the son had gone out and established himself as 
the head of an independcnt household, the Jiabilitjr would 
íall upon, and tho sueccssion accrue to, his own children or 
remotcr descendanis, the co-membcrs of the housohold, and 
in this case there would appear to be liability and heirship 
resting upon descent. 

The right to fincs or compcnsation would foUow the same 
rule as the liabiHty to pay thcm. 

In the latter two cascs, if we were to speculate who at any 
given time might bc the co-membcrs of the household, our 
Ciilculation would includo all persons neccssarily raembers of 
the house who could come into being during the life of 
the wrong-doer, or deccased. 

The two tracts in question in various passages state the 
persons liable to pay and entitlcd to receive fines and com- 
pensation. The statements are apparently contradictory, 
but a clear idea of the order of priority may bc obtained by 
a careful comparison and analysis. We may disregard the 
passages in which the general word " family " is uscd ; in all 
Buch cases the liability of the mcmbers of the family among 
themselves would be secundam legem, and this must bo 
necessarily implicd. \Ve may &imilarly disregard the pas- 
sagcs in which the term " the nearest hearth " is used ; this 
tcrm must either mean the household next liable in order 
according to law, or refer to cases inapplicable to the question 
of succession. 

In page 243 the ordcr of liability is thus dcscribcd : — (a) 
the father ; (b) the brother ; and (c) the geilfine (see the gloss 
as to the latter term, and the preccding gloss introducing 
the son in priority to thc íather). In page 245 it is — (a) 
the brother; (Jj) the geilfine division; (o) the dcirbfine; 
(d) the taoibhfine or tho iarfino division ; and (e) the iar- 
fine. In 247 it is the son. In page 209 it is — (a) the son ; 
and (li) the father ; and in pages 249 and 2G8 it is siraply 
the geilfine. 

As to the right to receive the compcnsation, in page 245-6 
we are told that the body fine for the death of father or son 
is payable to tho entire family. In page 255 tho father and 



cx 



ISTRODCCrriON. 



tbCBon of tho slain take lialf the eric fíao betwcon thcui- 
Iti ihe page 259 thc body finc c*f six cnmh.il5 ia divided in 
the following propoiiions -. — To tlie father, two ; to the son, 
twoj to the bmthcr, one ; and to the geilfine, ono. 

These fluctuivting dicta involve no rcal contradiction. 
There ia no atatemcnt in any of them inconaisUint with tbe 
othera, if we snppose that on cach occasion the author is 
dealing with some specific case, asserting the lial>ility of some 
índividual defendant, but nnt defining the oi-der of liability 
of tlie persons secondarily liable aa among theniselves, 

BeaTÍng in mind the principle, " As lony aa therc i» a 
family before him, it is not bnokwarda bo sues," there can 
be no diíBculty in stating tho order of liability and the 
reasons for it. 

Tbe liability falls first npon the porsons wlio would be 
the members of bis houseJiold ; Íf he wero the head of an 
housebold, Íta members would be his own sons, and, there- 
fore, upon the son the liability first falls, 

If be bas not leH bis father's fanii]y, the llii.bíUty falls 
upon tbe father as the bead of tbe household ; if ho were 
dead, those next liable are the brothers who wonld have been 
joint owners with tbe criminal. 

Thus the liability is contined to the persons who were, or 
had been, mcmbers of tUeBame bousehold with tlie wrong- 
doer ; but at thia point the liability of relutions stopn, aud 
the geilfino division of tho "Jiiie" assuraes the bability. 
There was no Íntervening liability between that of brothers 
and that of Ihe goneral " faniily." 

If we now attempt to translate thi.'j ptiority of Iiability 
into a tbeory of the auccession, the following observatiou.s 
appear of imiioitancc : — 

(1.) Tho rule thafc the parties liablo pay tho fine in tho 
proportions iu wbich they would divide hia propcrty, does 
not imply that eo instanti upon death the property would 
have been divideJ among the partics nanied ; it mcana that 
the liability, as a damnoaa hcreditaa, or uegative quantity, 
pursues the same line of successioii as the actual inheritance 
would have pursued. 



I 

J 



INTRODUOTION. CXl 

(2.) The term son must bo read as " sons," and inclusív<) 
of the descendants of sons, and the obscrvation applies td 
the tcrm " brother " also. 

The sons of the deceased take in prioiity to his brothers; but 
of such a rule, when once admittod to cxist, there are two 
possible exphinations, cither (a.) that tho brothers succeed 
if the deceascd die without leaving sons or lineal descendants 
surviving him, or (6.) that tho brothers, or their descen* 
dants claiming through them, succeed to the inheritance upon 
the general failure of the sons or their desccudants, as wo 
should express it, upon tho gencral failuro of the male issue 
of the purchaser; or, as it might be put, whether upon 
failure of male issiie of the original acquirer, his brothers or 
their descendants would claim as his heirs, or as thc collateral 
heirs of the last of the issuo. This involves the question 
what was tho nature of the interest taken by the sons of 
the deceased in his lands. At the present day, and in the 
English Law, the eldest son, succceding as heir to an estate 
in fee, takes the estate absolutcly without any obligation to 
ti*ansmit it to his own heir ; according to tho old Frcnch 
law of substitutions tlie el Jest son took the cstate, but was 
deprived of all powcr of alicnation, so that the succession upon 
his death passod to his heir ; and the principle of the Scotch 
tailzie is similar. 

In all early systems of law the idea of primogeniture is 
absent, and the land passes to all the sons ; supposing it 
thus to pass, the practical working of the rule of descent 
hinges upon the question whether thesc sons take as abso- 
lute owners, with fuU powcrs of alienation, or whether all 
the male descendants of tho ancestor have a claira to a 
portion in the lands which cannot bo defeated by their 
predeccssors ; and if so, how long does this right exist, or at 
what date is it cxtinguisheJ? 

Although the tribc may be considered as perpetual, and 
its members, at however remote a date, retain their rights 
in the common land, there is no indication that thc lands of 
inheritance were subject to such a rule, which, if it existed, 
would have bound property in a perpctual entail, and pro- 



ISTRODCCTIOS. 



híbited alienation. It is to be rcmarked tbat in no passage 
ia there altusioQ to land passing to the descendants of an 
owner generally, and in perpetuuvi; on the other hnnd, 
there are fi'equentl^ aHusioiLs to the four lirst generations of 
the descendants of the decetised, aud the clearest intimation 
that the head of a faniily, fvho waa an owner of property, 
CDuld not alien for his ovra purposes, to the injury of his 
descendants, and that there existed in the sons a ccrtain 
right to the father's land, sufBcient, at leaat, to restrain the 
latter's power of alienation. The residue of the land of the 
"fine'" remaÍDs uudivided until the constitution of tbe 
"inofine" class, which lixes a. date connected with exístence of 
afourtb generation of dcscendanta." Landa were estímatcd 
"according to the amount of tbeir property from great-jfrajid- 
Bon to tho grcat-great-grandson ;"t tbis passageis explained 
as stating the mode in which land is divided upon tbe death 
of a daughter (who must be a daughter, not of tbe original 
ancestor, but of the survivor of hia aons — although thia is 
immaterial), upon whose deatb the Intest descendants en- 
titled, are specified aa the great-great-grand-children of a 
common ancestor. 

A reuiarkabIo passage occura in page 287, wbicb, whether 
it refers to estatea of "Juidhira," or separate property in 
land generally. expressea the author's idea of bercditary 
BuccesBÍon. " Tbo son is cnriched in the aame ratio as his 
fathcr, and the father does not sell anything to the preju- 
dice of his sons, grandsons, great-grandsons, or great-great- 
grandsons," Thua, an owner uf land was restrained from 
alienation in favour of his four next generations of desceti- 
dants, whicb impliea that all tbe members of these four 
generations took an interest in the landa of their ancestor ; 
and, if these four generations bad thus joint righta in tbe 
land, as quasi-joint tenants, tbo death of any one would 
operate as a survivorsbip for the benefit of all the existing 
members of the claas, and the shares in the land would vary, 
from time to time, according as new membera were intro- 
duced upon tbeir birtb ; and if thia bereditary right waa 
* PíeM 283-287. t P<«c 33. 



INTRODUCTION. CXIU 

not transmissiblo beyond tho fourth generation, all the 
existing members of tho class at the date of the last division 
(the date of the introduction of the last member into the 
class) would hold in severalty, and form respectively new 
hereditary stocks. It may be suggested that the reason for 
the assumption of four gencrations as tho basis of this 
system of descent, was as foUows : — the land vested in the 
original acquircr, as head of his household, and as a portion 
of tho joint property, which he could not alien during his 
life, and the rights of those who succeeded to the land were 
based upon the theory of their being the surviving members 
of his household. When the fact of succcssion passed into 
a theory for succession, the riglit of succcssion would be 
given to all those who could possibly have been existing 
members of the household at date of the dcath of the head, 
and desccndants of the fourth dcgree were considered as 
the most remoto who could stand in that position. A law 
of heirship founded upon such a basis would draw the limit 
of coUectoral hcirship at thii'd cousins ; this may seem to 
some a very narrow and imperfect schomo of titlo by dos- 
cent,but thc difficulty seems to us not to reduce it to this limit, 
but to extend it so far. Tlio succcssion, in default of sons, 
passed first to tho father, and then to tho unclos of deceased, 
but manifestly all moro remote coUateral rolations werc ex- 
cluded, and the succession of tlio geilfine class was equiva- 
lent to a succession to the family to which tho deccased 
belonged. Tho righis of tho heir-at-law, however remoto 
his relationship to thc deccased, is a purcly English and 
modem idea, importcd into tho feudal law by a very trans- 
parent fiction, and almost within tho present generation, 
systcmatized by rocent statutes. As against tho father or 
the brothoi's, thero does not sccm to have boen any restraint 
upon alienation, and naturally bccauso they could not havo 
been members of thc household of thc deceased, and they 
could not be considered, except by a fiction, as having any 
joint ownership with the deccased in tho subject matter of 
the succession. Tho " alionation " applicd to tho ownership 
of land, such as we aro dealing with, must be understood as 

h 



CXÍV INTRODUCTION. 

alicnation in accorJancc witli tlic local custom, and so far 
as it was tliereby pennittcd, aiid is not to bc confoundod 
•with thc unrestrietcd rights of disjxjsal, which wc now asso- 
ciate with absoluto owniírship. 

In considering any rulos of descent, it must bo remem- 
l)ered that thc tonns son, brotlicr, &c., are correlatives, and 
possess no moaning until we havc ascertained who is the 
fathcr, brother, &c., to whom they rcfor — \mtil we havc fixed 
the stirps, thc relatioiLship to which determincs thc Bucces- 
sion. Thc original stirps must manifostly be the head of 
thc housohold, whcn the land in question was grantcd in 
scvcral ownership out of the common tribe land ; but if the 
right by doscent wore al\vays tracoil back to the first 
acquirer, tlio oxtont to whioh oollatoral succcssions would 
exist must have boon far widor than tlio toxt authorizes us 
in concluding it to havc boon. If wo arc right in our 
opinion that tlio goncral rulo of íill nialo dosoondants to a share 
in the inheritanee coasod with thc fourth genei'ation, it 
follows that the mombcrs of tlie faniily who then acquircd 
separate, not undividod sharos, tiioh booanie a now stirps 
for a fresh linc of descendants. 

When land has bcen granted out of the common tribe 
land in scveralty, and as thc proporty of an indi^ddual, if 
thc inheritanco bocomo vacant by the failuro of lieirs to the 
granteo, the land thus loft without an ownor falls back into 
thc goneral tribc land out of wliioh it wíls takon. Whcthcr 
in such a casc it beconios the proporty of tho chiof, or of the 
members of thc tribo, dcponds upon thc question whethcr 
the chiof has, as wíus ultimatoly in most Europoan coimt^ics 
thc case, succoedod in substituting himsolf for tho gencral 
body of the membors of thc tribe íis thc rcprosentativo of 
the Statc. That lantls of inhoritance, upon which no geil- 
fine systom had boon Cstablishod, did so rovort, is proved by 
the spccial rulc rolativc to oxtorn inhoritanoc ia the case of 
afully organizcd "/í/tí?," iu which lattor casc tho goilfine 
division worc ontitlod to a suocossion, in the nature of an 
cscheat, in vacant inhoritíuicos. Tliis wc take to be thc 
mcaning of thc passage in píige 285 : — " The geilfine extcnds 



INTRODUCTXON. CXV 

to five pcrsons, and it is tlicy that get the dibadh of every 
kindred chief who lcaves ' dibadh ' property." The phraso 
" who lcavcs " is glossed " who bccomcs cxtinct of." The 
geilfino divisicn are licre descríbed as five co-existing 
persons, who take jointly an inhcritancc under ccrtain 
circurastanccs. Thcre would bc no neccssity for the obser- 
vation,if the " dibadh" property in question passed to them 
as those primarily entitled to the succcssion ; their right to 
succeed is a privilege connccted with thcir official or local 
position as tho five mcn of the geilfinc division. The pro- 
perty in question cannot have been thc " dibadh *' propei-t^ 
of any of thc seventecn men, for it would then have survived 
to the mcn of the division of the deccascd. This implies 
that the five mcn of the '' geiljine'* division reprcsent the 
entire "/íue'' for the purposc of rcceiving successions, .as 
they represent the community in being ultimatcly liable in 
cortain cases for the wrong committcd by thc mcmbers of 
tho " jfÍTie" If an allotmcnt made to a mcmber of tho 
"/Ziic," other than thc sevciiteen men, bccamc vacant by 
failure of hcira, the land fcll not into the comnion property 
of the " finc," but becamc the exclusive propei*ty of thc five 
men. If brothers, howcver, take a succession next to the 
sons of a deceascd, this mlc could not (subjcct to the exccp- 
tion subsequently noticed) apply until tlie " geilfine " system 
had been complctcd, and thc land divided among tho 
members, becausc evcry membcr of the "fiiie " must in that 
case liave lcft a brothcr or nephcws surviving him, except a 
sixth or younger son of the Rrstf/eilfine cliief,and a son of such 
son, or a sixth or youngcr son of the sccond "geiljine *' chic^ 
&c. Successions so vcry rarc as these could not bc considered 
as in the nature of a privilege or the subject of a spccial rule, 
and, as up to the date of the final partition the " gcilfine " 
chief is assumcd to bc tlie owner of the waste, there would 
be little objcct in such a regulation; but its meaning is 
evident if it implies that the fifth "geilfine" chicf, 
and his four brothcrs, who jointly form thc last and 
permanent " gcilfine " division, continuing to represent tho 
" ^n^ " for the purposc of liability, continuo also to repre- 

h2 



CXVl INTRODUCTION. 

sent it bencficially as cntitled to the ftucccssion to vacant 
inbcrítanceB. Thcir position would in this case bo yeiy 
siniilar to that of thc lord of a nianor in the English law. 

It is statcd in the introduction to Mr. Curry*s LcctureB 
ihat the succession was at íii*st to the sons or remoter 
male issuc exclusively, but that ultimately tlio daughters 
became cntitled if therc were no sons * Although the 
authoritics citcd to sui>port this Rccm to the cascs and rulcs 
dealing with cruib and sliasta land, there is no reason to 
doubt the gcncral accuracy of thc statcmcnt. 

There are, undoubtedly, in the glosses to the first tract in 

this volume, indications tliat at the date of the glosses, 

daughters had succccdcd in acquiríng a ríght to succession 

upon thc dcath of their brothers, and that tho latcr lawyers 

altered the original toxt, by thc iiitroduction of words sup- 

poscd to havo bccn omitt^íd, and thus corrcctcd ihe law to 

makc it accord with the latcr usagc; thus, in the oríginal tcxt 

at page 39, linc 23, therc is thc passage, ** an cxtem branch 

stops it (í.c, the property) if the five persons ofihe geilfine' 

(íivwío?^ pcrish." This is glosscd as follows — '^andinthifi 

case thero is no femalc hcir." This gloss manifest]y follows 

up that in pagc 41, linc 24, rcferring to page 39, line 16, " all 

the/7oí{^HC-division have become extinct, andall the land is 

obtained by tho daughtcr in ríght of her female ' coarb '- 

ship, or as I havc to tcU conccming the JibadhAsLná of the 

hcad (cinx)) to whom the land belonged, í.c, the daughter; 

it is thcn thc land Ls divided among thc thi-ce tribes." The 

right of females to a succession would bc manifestly sug- 

gested by the feudal law ; thc first English settlemcnt was 

founded upon the asscrtion of this principle ; and such a 

doctrine would bc popular aniong thc owncrs of land, natur- 

ally dcsirous to transrait thcir property to their female 

issue. The princij^le of fenialc succession to lands other 

than cruihh and sliasfa, does not exist in the oríginal 

text, and appears as struggling into cxistence at tho date of 

the latest commentators ; such a tlieory of succession is in 

contradiction to thc old conception of the household, and 

♦ Manncrs and Custom?, vol I., p. clxx. 



INTRODUCTIOX. CXVll 

tliat it was repugnant to tUe opinions of the older school of 
lawyers is shown by the restrictions by which it was limitcd 
even in the case of cviúhh and sliada land. 

The obvious objection in a system of tribe hvw to female 
succession is tliat it naturally leads to alienate the lands of 
the family, and by intermarríages with externs to transfer 
them to members of a foreign tribe. This difl5culty arose in 
the days of Moscs. Thus, on the petition of the daughters 
of Zelophedad, of the tribe of Manasseh, who had died in 
tho wildemess, Moses laid down the rule that the dauglitera 
should succeed to their fathcr's inheritance if there was no 
son;* but the objection to this rule was soon perccived and 
stated by the fathers of the family oí Gilead, viz., " if they bo 
married to any of the sons of the other tribes of the childi-en 
of Israel, then shall thcir inheritance be taken away from 
the inheritance of our fathers, and be put to the inheritanco 
of the tribe whereunto they are receivcd ; so shall it be 
taken from the lot of our inheritance."t The rule, as origin- 
ally laid down, had to be modified by the annexed proviso, 
" every daughter that possesseth an inheritance in any tribo 
of the children of Israel, shall be wife unto one of the fannly 
of the tribc of her father, that thc childrcn of Israel may 
enjoy every raan tho inheritance of his fathcr. Ncither 
shall the inheritance remove from one tribe to another tribe, 
but every one of tho tribes of thc children of Israel shall 
keep himself to his own inheritance." J 

At whatever date female succession was established, it 
appears to have been subject to a restriction similar in 
eífect to the later Mosaic rule. " A female lieir is hcre vejerrcd 
to who has had the father's and the gi'andfathcr's land for a 
time, and though she should desire to givc it to her sons, sho 
shall not givc it."§ Thc introduction of female succession to 
land is contemporary with the birth of the idea of absoluto 
ownership, and fixes the date at which the idca of the family 
and tribe is finally broken up. Although tho rulo of 
female succession existed under the Brehon Law it may 

♦ Num. 27, 1. t I«Ím ch. 3G, 1. X Icl, v. 8. 

§ Page 39, ecc glos*), p* 41, linc 4« 



czvui iNTROBrcnox. 

be regarded ajB a proof of the late datc of thc auihor who 
asserts it as a nilc, and must bc rejcctcd from any state- 
mcnt of the ancient law of succession. 

The Buccession to tlic crulbh and sliasta land rested upon 
express contract, and this class of lands consisted of those 
which, to use a modL-m temi, wcrc «ettlcd upon the mar- 
riage of a daughtor of the housc ; tliat this form of succes- 
sion was considcrcd as an infringemcnt of the common 
right of thc family is proved by thc ncccssity of obtaining 
the conscnt of tlic f/cilfine'chieí to tlie contract. The eíTect 
of this contract, it would appcar, was to introduco the 
daughtcr into the class entitlod to tlic succcssion upon the 
death of tlic fatlicr. It must bc presuincd that the daughter 
during her life was entitlcd to thc posscssion, as in the 
Welsh law iii analogous case it is stated, "her gwaddol 
constitutcsherproprictorship if shc abidc by hcr kindred."* 
The succession of hcr childi-cn was, howcvcr, much restricted; 
íf she were marrie<l to a nativc frcemnn, hor sons would bo 
themselvcs entitled to the riohts of lull nieinbors of the tribo 
and upon tlio obvious jirinciplo tliat tlioy could not claim 
at once undcr and acrainst tlic custom, tliov lost, for tho 
general bciiofit of thc fainily, two-tliinls of tho Ian<ls ; if her 
sons werc, througlutheir fatlior, " oxilos aiul fv>ivigners," í.e., 
if they had no claini to any portioii f»f thofaniily land under 
the custoinary law, thoy woio lefl in possession cf thc 
entire í\t tlio will of tho fan'iilv, " while thoy arc doing good 
with it." If thc only issuc of the marriage wore daughters, 
there appears to have beon a quostion whethor they wcre 
entitled to a sucrcssion. Tlioir riglit to tlic land wasestab- 
lished l.>y a leadiny case docidod l)y JJrií^^h, probably tho 
wife of the Brohon Soncha ja-oviouslv rofoiTod to,t and it 
would scom that the j>assago inti-oductd in j^age 41,Iine 16, 
is intended to bo a roport r»f tlic juiÍEjinoiit. Tho rase id 
thus statcd — " Thc niothor had di<'<l, ainl h-ft no sou, and 
thorc aro no sons, but dauglitors only Aiid the daughtcrs 
shall obtaiii all tlio laiid with oMi^^íition to i)orfomi sorvico 
of attaclc anrl dofonco, or thc half ui' it, without obligation to 

• Ancleiit Law-. Ac, oí Walcs, vul. 2, \\ C07, t ^^S^ !"• 



INTRODUCTION. CXIX 

perform service of attack anddefence ; and there is power over 
them to comj^el thcm to restore the land after their time." 
Hence it would appear that they were bound to indemnify 
the tribe against loss by rcason of their incapacity to 
serve, or to compound for this liability by surrcnder of half 
the land, as a tenant of a loase, perpetually rcnewable, 
may, upon obtaining a fee-farm grant, frcc his holding from 
future liability to rent by releasing to the landlord a pro- 
portionate part of the lands j and that the interest taken 
by the daughters was for their own livcs, and upon their 
death the lands fell back into the common fund of land out 
of which it had bcen takcii, 

VI. 

JUDGMENTS OF Co-TeNANCY.* 

Thc subject of this tract may be morc corrcctly dcscribed 
as the rules rcgulating thc mode of the partition of lands 
held by joint tcnants, and the rights which, iipon the parti- 
tion, arisc betwcen thc owncrs of thc sevcral portions. 

The composition of the tract is rcmarkably consccutive, 
and, from thc author's point of vicw, logically dcvcloped. 
The commcntaiy is unusually clcar and intclligiblc, although 
in some instanccs cx[)lanations arc introduccd which aiitici- 
pate, or arc mcrely copicd from, subscqucnt passages of'the 
original text; thus thc commeiitíiry in page 77 is identical 
with thc text at pagc 113; aiid towards tlie cnd of the 
tract passages evidcntly takcn from other writings aro intro- 

♦The wonl translated in tlio toxt '* co-tcnanrv" is translatod bv Dr. O'Donovan 
a3 "joint-tenant^.'* Tliii is a vcr>' romnrkablu íirror uot as to thc mcaiilnf^ of 
tlie Irish word, but of its prcsuracd Enj^li.-oh cquivalcnt. The subjcct di'ícusscd 
in the tract is the rights arisiufj bctwcen ]H'r.'í»;ns, who havc ccascd to bc joint- 
tenants by a scverancc of thrir joint-tcnancv, an^l bccf»me ownors in scvcraltv of 
thcir scparate huhliní^s. We liave no Eni^li.sh term e>airossinij such a lcgal 
relation, and the wonU " cu-t iuiiicv " and •• CD-lonants" have bccu uscd as 
the nearcst equivalcut cxpn'— i'»n. Thc harncd Ir.r.islators did not profc.-^.í to 
be skilled in thc terms oí EMi;'i.'h law, but thiv grievou^ílv cmbarra.v-cd their 
translations by the use of tccl;:Ki al w jrJs which thrvc.'nl.l not be cx|Of.{cdto 
understand. The prcseut edltors have carcíul!y rcmovvil íroni the tran-slation 
every En^lish tcrm, the use of which could lcad onlv to a miscon>.L-[):iun of the 
orii^mal text. 



CXX INTRODÚCTIO^. 

duccd, somc of which are difficult to understand, and others 
directly contradict the leading principles laid down in the 
body of the work. A reniarkable instancc of the latter case 
occurs in page 147, from line G to line 19. 

This tract does not apply to any proccss similar to the 
modem cnclosure of a common. That thc general tribcland 
or public pasture should be cut up into separate lots, and 
divided among the members of the tiibe in absolute owner- 
ship, was foreign to the ideas of any carly community, and the 
author, at the commencement of the tract, carefully pointja 
to the circumstances undcr whicli the relationship described 
by him as " co-tenancy " arose. " Whence does co-tenaucy 
arise f " he asks ; and to this question himself replies — "From 
several heirs." We are here reminded of the important 
statemcnts referable to the land of the "fine " in pngcs 287 
and 285, the former of which states that the land of a family 
was not at all divided, and the latter states that in certain 
circumstances the members of the gcilfine oríjanization 
divided among themselves the residue of the tribe land as 
dibadh land, and that thei-cupon tho family relations ceased, 
and there was henceforth what was callcd a community 
of people. The partition of the lands necd not be confined 
to the case of a "Jine" but must be extended to the breaking 
up of any inhcritance among several heirs, which, if the 
theory of the rules regulating the succession to land hercin* 
before proposed be corrcct, iiecessarily took place on the 
completion of the fourth genenition of tlie descendants of 
the founder of the houseliold or first acquircr. 

The author understaiids that the pre-existing riglits, which 
depended upon joint ownersliip, are determined by the fact 
of the partition, and tliat the owners of the sevcral lots 
must hencefoi-th dcal with each otlier individually, and 
that their mutual rights depend upon an agieenient contem- 
porary with the division of tlie lands. *' Tlie heirs, in the 
first place, partition tlieir shares and tlieir posscssions, and 
each of them guar<ls against tlie otlier of them, and each of 
them gives a plahje of iudemnity to the cther."* The re- 

• Tagc 09 



INTRODUCrriON. CXXI 

ciprocal rights between the adjoining and now independent 
owners, which are to be thus secured by mutual pledges, 
would in the civil or English law be inferred in tho case of 
anjr adjoining owncrs, and tho transaction takes tho form of 
the mutual covenants, which are sometimes necessary, to 
meet peculiar circumstances, in our deeds of partition. It is, 
however, to be observed that the giving of the indcmnity 
was not accompanied w^ith any detail of the cxtent and 
nature of the indemuity itsclf, which was defined and ex- 
plaincd by reference to the custom, and that thc material 
pledge givcn and preserved was not the corpus out of which 
the compensation or damages was to be paid, but rather the 
evidence of the existence of a contract tho nature of which 
was assumed. " Each cotenant shall place a pledge of the 
valae of two ' scrcpulls ' on one of the rack pins of each 
other's at the foot of the bed as 8eciUHty for the fulfilment of 
the duties of co-tenancy ; and though he should not fulfil 
them, this is not thc pledge that shall be forfeited for it, but 
the *smacht*-fine which we have mentioned before, or sacks, 
or fincs for man trespass according to the nature of the trcs- 
pass, if trespass has taken place therefrom."* The subse- 
quent relation of the parties is clearly expressed in the phrase 
— *' the new custom avoids the seciu'ity,**t meoning that the 
relations which had previou8ly existed bctween the parties, 
arising by implication from their position as joint owners, 
had come to an end, and that íheir subsequent mutual rights 
rested upon the legal consequences of the interchange of 
pledges. 

The several lots in the lond to be divided having been 
ascertained, tlie duty of sufficiently fencing their rospective 
shares fell upon the several parties. There are no rules given 
for the extent of fencing, whicli each several owner was to 
execute, and as each fencc was common to two properties, it 
must in every case have been a matter of arrangement be- 
tween the parties ; but^very specitíc directions are given as to 
to the size and materials of the fences to be erected. There are 
four kinds of fence specified ; (1) a trench, coiTcsponding with 

• Page 75. f ^^^ "*• 



CXXU INTHODUCTION. 

what is now usually called in Ireland a " ditch ;" a trench with 

the earth dug out of it, piled on onc side of it in the fashion 

of a wall or mount ; the trcnch was to be three feet decp, 

thrce feet wide at the top, onc at the boitom, and two at the 

middle. The mound corrcsponded with tho form of the 

trench out of which it was excavated, being three feet in 

height, three fect widc at the base, and one foot at the top. 

(2) Astone wall of six feet in hciglit,three fcet wide at thebase, 

and one at the summit : this was evidentljr a dry stone wall 

like those now common in the Wcst of Ireland, because the 

only instrument speciíicd as ncce,ssary for their erection is 

an iron bar, and thcre is no allusion to the use of mortar. 

(3 & 4) The othcr two kinds of fcnces, describcd as a "strong" 

or " closo " fcnco, or a "fdniadh " (othervvisc a nakcd) fence, 

were of wood or timV)crs set togcthcr ; thc dctails of these 

are elaborately givon, but must appcar to the modem rcader 

rather obscure. The former is thus dcscribod : " the top of 

the one tree shall be on thc trunk of tho othcr troe, and so 

as that tlic smallest sucking pig could not pass through it 

for its closeness, nor tlie ox pass ovcr it for its hoight." The 

latter class of fenco was not of so substantial a naturc. 

"Thenaked fcnce should be thus made ; the Ungih of a 

footto the articnlation (or srparaiion) of the big toe is to 

be between every two stakes, and six fect in its height, or 

twelve hands, if it be mcasured by hauds ; and threc bands 

of intcrwoven twigs upon it, a band on it at the bottom, 

another in the middle, and anotlior at the toj), and a certain 

space betweeu evcry two bands ; and a hand is the length 

of the pole (íAe iuteriveuving) {rom that out, and a blaek- 

thom crest upon it at thc top ; and ovcry stake should bc 

flattened at top by tliree blows stnick on its head, after 

being first thnist hy ihe hand in the groinnl as ircll as you 

can."* The naturc of tlie fonoo doponded upon the nature 

of the placc in which it waí to be erected, whioh is thus 

explainod — "a trench or a stonc wall in the plaiii ; and the 

naked fence in thc half plain, and the close fcnce in thc 

• Patjre 77. 



• • • 



INTRODUCTION. CXXUl 

wood."* It appears from this that the right of separate 
ownership was not contined to arable or even grazing lands, 
but in Bomc cases includcd what would have been cxpected 
to have formed portion of the wastc of the tribe ; this separato 
ownership of forest accounta for what would be otherwiso 
difficult to undcrstand, the liability of owners of lands for 
trespasses committcd by wild animals.f The constant and 
regular attendance of all tlio partics engaged in the fenc- 
ing was attempted to be securcd by the very naif rule ; 
"each of them shall give liis victuals into the hand of the 
other at night, that he may remember to come in the 
moming to his sharo of thc cotcnancy work ; and the 
victuals of the pcrson that wiU not come míiy be safely 
used, and if the victuals of any of them be used, he shall pay 
fine for ovcruse/'{ 

Tho wholc theory of the damages paid in rcspect of the 
most usual form of trcspass, the trcspass of a neighbour's 
cattle, was calculatcd after the usual Brehon fashion, evcry 
possible fonn and incident of tho trcspass being intro- 
duccd, as an arithmctical (|nantity, iníUiencing the ultimato 
result. In a passagc in a latcr portion of thc tract§ tho 
actual amonnt of damago done is suggcstcd as the basis 
to calculate thc sum of thc compcnsation to bo paid. 
" A worthy ncighbour is brought to appraisc tlic trcspass, 
and grass of cqual value is givoi at the dccision of 
the ncighbours ;" this matter-of-fact mode of estimating 
tho damagc waa probab]y considercd unscicntific by our 
author who proceeds to lay down evcry possible elcment in 
estimating compensation, and to anncx to cach a fixcd value. 
Thcse distinctions, if statcd at lcngth, would occupy much 
spacc ; and the actual amount payable in respcct of any 
supposed trespass, or the possible numbcr of results which 
might bc produccd by varj^ing the elcments of the calcu- 
lation, is of little practical importance. This desire to 
reduce matters neccssarily fluctuating to certain results, 
this wholly misapplied pretcnsion to arithmetical accuracy, 
was the essential vicc of thc Brchon law, and the glory of 

•Page77. f Tage 121. J Page 77. § Page U7. 



CXXIV ISTRODPCTIOS. 

ita proftissors ; tho working of thi» Hystcm waa ko fully 
explained in tlie ÍDtroJuction to tlio latit voluiue, tliat it ia 
utinGcessary hcre to rccnpitulatc it, aiid it is not iiectlful oii 
the present occasíon to do niore tlian to suinmarize whut n'ere 
the cliief clemcnta in thcir calculatiuna ujion thia subjcct. Tho 
personal responaibility of tlic defundant, cithcr by wilful acts 
orculpablencgligcncc, divided all tii;aiiasscsinto"man" tres- 
pass, and ordiaary or " cattle " trcspass. Tlie cxtent of the 
trespasa, whether tlic cattle Imd inercly run in and upon tho 
lands, or walked about thcrcon and catcn tlic vcrdurc and 
crop ; or hod si>cnt somo timc tlicro not oaIy cating but 
Iying down, was also defined; and tcchaical namca were 
given to thcso specics of trcspaíis, viz., " tairsce," " nirliiu," 
and " fcis ; " and thc proportiun of daniages payable in 
respcct of each fixcil, as so const;intly occurs in theso calcu- 
Istiona, in thc gcomctrical ratio of two.* The tiine at which 
the trespnss took place, whether by day or night, had to bo 
taken into account ; tho fonner invulving twicc the compcn- 
sation of the lattcr. Thc sea.soii of the ycar could not bc 
ovcrIookcd ; we arc told, " that tho yenr h divided into two 
parta for regulating 'sniocAí '-fines, for tlio ' sniacAf '-fines 
of cach quarter are notaliko, Í»p(;titíi<c it is difticult ío re'julate 
the ' $inadit '-fiiics of the ■wiiitcr scason, and of tlic spring 
cold, for savcíl provisions arc nioro procious tliau growing 
gra8S."+ Tho naturo of the crop ui»jn thc Iimd was obviousl/ 
tho principal olcment in thc diima^íe ; thc quostiona of the 
existcnce or aufficicncy of thc fcncc, thc period of the 
duration of tho trespass, tlie nunibcr of cattlc whicii trca- 
passcd, thc nuiuber of gaps thcy crossed tho fence, all 
afTcctcd the rcault in fixed rAtio.-i. Aa a spccimcn tho 

* Scc tbc mlciilntiiin %.< to thr «xlcnl i>t lln' prvcliirl, ;»if, riiii^- 221. 

t Pige 70. Tlin Jivisi.in ot the y»r,iilatnl iii Ihu trxt, intu iw.i unci|ual pnrH, 
vii., tbc ■ummer pvriud cumpriiiag live moiilh^ brinR Ihv la.'<l munth ot «prini;, 
thB Ihrise months ol lummer, and the first muntb uf lulumn, aiul llia vrintcr pcrlod 
eompiising Ih< Uit two mohthi of lutumn, thc thrPO monlhit ut wintcr, ind the firit 
tvo monthi o( ■prins, iraa made, in the opiniun of Dr. O'Dunorin, wilh Ihe ubjrct 
■olilf o( rcgulating the prii« of giniing laniU. 

" That the Fte>n Irinh ilivideJ the yeu into fuur t|uutcr» íh quitc cvideat tmm 
tbc tcrms Earrach, SaBAnuVt, FoghiiAar, an<l Grimtriili, whith >re unduubtcdl)- 
nncient Irish irordB, nol dvrivcit trom thc Litin tfarouijh Chri^tiuitj- ; ud thM 



INTRODUCTION. CXXV 

following rules may be taken, as to cases really simple, and 
invohdng only fonr of the above elements. " Four saeks 
a7'e íZi(6 for/t'Í8 trespass in a winter grass íield over a full 
fence, two sacks for * aiWÍ77i *-trespass, and a sack for 
' tairsce '-trespass. If it be trespass upon a pastured field of 
winter grass land, orupon an inclosed field of winter moun- 
tain land, or winter wood, or an old winter milking place, or 
into an inclosed field of suranier grass land, two sacks are 
due for *fei^ '-trcspass, and a sack for * airlim '-trespass, and 
half a sack for * tairsce '-trespass. If it be trespass upon a 
pastured field of winter mountain, or winter wood, or an 
old winter milking place, or a pastured field of summer 
grass land, or into an inclosed field of summer mountain or 
summer wood, a sack is due for ^/eís'-trespass, half a sack 
for aírZim trespass, ancZ a quai*ter of a sack for 'tairsce'- 
trespass. If it be trespass upon a pastured field of summer 
mountain, or summer wood, or summer old milking place, 
lialf a sack is due for 'feis '-trespass, and a quaiier of a sack 
for ' airlim ' trespass, and the eighth of a 8ack for * tairsce '- 
trespass. The eighth of the eighth is the fine upon every 
trespassing animal, for every beast is a trespasser in a co- 
tenancy. For the ' tairsce *-trespass of one animal upon a 
pastured field of summer mountain pasture, whatever aiiivial 
commits it, the sixth part of the half of one sack is due,"* 
&c. The liability for thc trespass is very clcarly based upon 
the neglect of the owner, as appears from the exceptions, 
viz., the cattle being driven over by a man or dog; or 
straying in consequence of heat or fear, or owing to any kind 
of violence ; but these exccptions very properly extend only 
to " airlim " trespass, for if the cattle be left on the land to 

cach of these began with a ptatcd i'av, three of which (lays are still knowii, name]y, 
BeaUUiine^ othem'ise called Ccideamhain, or boginning of summcr, when they 
lightcd thc iires at Uisnach at thc beginning of Samhradh ; LughnaMJh, the 
games of Lughaidh Lamh-fhada, ii\hich commenccd at TaiIItc on thc first day of 
Foghmhar^ thc har\'est ; and Samliain, i,€., Samh fhuin, or sumrocr end, whcn 
thcy lighted thc fírcs at Tlachtgha. 

Introduction to the '' I3ook of fiightp,'* p. liiL, but scc the gloss which Dr. 
O'Donovan himsclf cites in tbe subsequent page. 

♦ Page 81. 



CXXVl IN'TRODUCTION. 

eat and lie down, thero is neglcct on tlie part of the owncr, 
and the trespass bccomes " fcis "-trespass. 

In the case of lands not in cultivation or grass the fine 
for trespass takcs a pcciiniary fonn ; thiis in thc casc of tho 
church of a " nemadh " person it is stutcd to be an ounce of 
silvcr, and the cstimation of thc amouiit is combined with 
the numberof eighty-four cattlc,in a míinner whichis far from 
clear ; in thc case of a kings dun fort, or a churchyard thero 
is no money fine fixed but " every holo madc in the place is 
to be filled up with eric-sod and tho placc prcssed, stamped 
and levelled.* 

The trespass of horscs involved a difTercnt question from 
that of cattle ; the mero halting of travcllcrs on thcir road 
could scarccly be considercd in thu light of a wrong, and at the 
same time an cutry with horsci uj^on land miglit result in 
an action for thc recovcry of the premiscs, and ib was the 
duty of all the membcrs of the tribe or family to prevcnt 
thus, inan indirect manner, the institution of legal proceedings. 
Hence aroso the two fonns of horse-trespass, technically 
known as "fothlu '* and " tothla " trcspass. The formcr arose 
when travellers unhamcsscd thcir hoi*scs upon thc land of 
an absent man, and asked a ncighbour accidcntally present 
whero they had unharnesscd thcir horscs ; it was tho 
neighbour's duty to tell them that the land was thc privatc 
property of the absent owncr, and to warn them off, where- 
upon if they did not Icave tlic place thev wcrc liable for 
tho trespasses of thcir horscs ; on thc otlior hand if tlie 
neighbour saw them with tlic bridlcs in tlicir hands, as if 
in the act of making a legal entry in asscrtiun of a right of 
ownership, he was bound to qucstion thoin as to their objoct, 
and in default of so doing, bccame hinisclf liablu for the 
trespass, if the straugers were ignorant that thcy were in- 
truding upon a scparate property. The second case arose 
if unknown strangers unyokcd thcir horses in tlie land of 
a separato owncr, and the neighbour, accidentally prcsent, 
either expressly informed them, or by his silence ])ermittL'd 
them to believe, that thcy wcre not committing a trespa.ss, 

• rngc 87. 



INTHODUCTIOX. CXXVU 

in which casc hc was himself personalljr liable forthedamages. 
This passage would lead to the conclusion tliat the elaborate 
fences, dirccted in this tract to bc erected about tho lands 
allotted in severalty, very frequently, if not ordinarily, had 
no existence. 

The trespasses of swine naturally were the subject of 
customary rulcs ; " if they eat the grass they are trespassers 
like other grjizing cattle. If they root up the land, other 
land shall be given until proof oí the rcstoration of the land 
is completed ; that is until two horses in yoke are brought 
and left there, and it is scen that no part of the carth stick 
to their teeth while grazing it."* The damages for the 
trespass of swine ^vere of course tixed with reference to the 
supposed size and age of the pigs, but in a j)receding 
passage refcrence is maJe to an old and purely fanciful rulo 
that the hole made bj' thc pigs shoulJ be tiUed up with 
corn and butter ; if such a rule existed it must be refcrred 
to some religious origin.f 

The young and troublesonie pet pig, a constant sourcc of 
mischief, was a subject of spccial rules; it was evidently 
regarded as the prime cause of brciachcsin the fence and the 
ringleader of the cattle in the homestead ; " the young pig 
which first brcaks throwjh thi Jciice, and shows tlie way 
to the herd, there is a * smacht * fine upon him equal to that 
of one animal. Tlie second time that he goes, there is a 
'STiiacht* fine upon him equal to that of four animals, and 
compensation equal to that of two animals. The thii'd 
time that he goes, therc is compensation upon him equal 
to that of three animals, and a * smacht' fine equal to that 
of seven animals. Tlie fourth time that he goes, there is a 
'amacht' fine upon him equal to that upon the whole flock, 
and compcDsation cqual to that upon four animals.''í 

Thc rulcs having been fixed as to ordinary trespasses, our 
author proceeds to discuss what must be considered as 
purely imaginary cases ; it is ditficult to see where the rules 
of practical importance end, and where merely legal specu- 
lations, and vain distinctions and discussions commence; 

• roge 97. t Page 90. J Tage 109. 



• • • 



CXXVm INTRODUCTIOX. 

but when the amount of " smacht " fíne and compensation for 
the trespasscs of pet herons, hens, pet deer, pet wolves, 
pet old birds (hawks), pet foxes, and bces becomcs tho 
Bubject of quasi-serious discussion wo 8urely have left tho 
regions oí practicality bohind, and are witnesscs of uselcss 
displays of pure dialectic subtility. 

As to boes it is very naturally remarked that thcir owncr 
cannot prevent their leaving his prcmises and flying iuto 
those of his neighbour, " for they així swift, and therc is no 
restraint upon them, and because thcy do not fly all to- 
gether;"* in this case the owncr was not guilty of a 
wrong as incident to thcir trespasses, and thereforc there was 
no * smacht *-fine payable in respcct oí it, but mcrely compen- 
sation. The only occasion upon which thc bccs of a ncighbour 
can be undcistood to commit trcspass is when thcy swanu 
into the adjoining land ; thc solo injury incidcnt to tliis 
trespass is occupation by the swarm of some infínitcsimal 
portion of tho neighbour's land, and the trcspass involvcs 
its own compensation, íor the swarm fíx their ncst and mako 
their honey on the spotthcy thus wrongfully occupy. Thus 
the compcnsation for this trcspass rcsolvcs itself into a 
joint ownership of the honey produced by the swarm :— 
" How is thc fine of their produce paid ? At the time of 
smothcring tlic bccs, thc man who sucs makcs a seizure of 
that honcy, and it goes into the kcci»ing of safe hands, 
and it is afterwnrds subinittcd to award. Thc decision 
which is right to mako aftcrwards concerning it is to 
divide the honcy lictwcen thcm iiito thrcc parts, i.c, a 
third for attcndancc, and a third for tlic V)ees, and a third 
for thc owncr of tho land. And tho third alitifed for tlio 
land is itsclf dlvidcd into thrce paiis, i.e. a third is given 
to the man who owns the bccs on account of tlie land from 
which they come, the other two thirds així dividcd l>etwcen 
the four ncarest farms, i.e. whcre thc food is. If this dis- 
tribution of it every year shall be decmed tircsome, each 
nearest farm takes a swarm." 

This passage afíbrds us a nieans of understanding tlie 

• Tase 105. 



INTRODUCTIOX. CXXIX 

manncr ia whicli thcsc Brchon tracts arc composcd. The 
whole question of bces is discusscd in a subsequcnt traet in 
this volumc, and, upon a comparLson of thcso rules with tho 
latter tract, it is evident that there wcre subsisting certain 
simple wcll-known customs as to swanns of bees, and that 
each aufchor simply uses the subject-mattcr as a mcans of 
displaying his dialectic powers in the elaboration of rights 
and rules which nevcr werc attended to or expected to be 
observed. 

The question of the bees having been dismissed, tho next 
which is discussed at great lcngth is that of hens. Tho 
trespasses of hcns may involve negligcnce on the part of tho 
owncr, for by proper rag-boots fowl may be restrained from 
wandering ; tlie absence therefore of rag-boots bring hen 
trespasses within the class of man-trespasses, as resulting 
directly from thc negligencc of their owncr, and con- 
scquently within a higher scalc of damages. Great ingenuity 
was displayed in classifying the nature of hen trespasses ; 
íirst, the trespasses of a hen within a house, which aro sub- 
divided into thrce classes, viz., snatching away, spilling, and 
wasting, for which respectively ditferent compcnsations were 
fixcd;secondly, trespasses outside of the housc in thegarden, 
subdivided again into soft swallowing of bees, injuring 
roidh-plants, and injuring garlic ; and further in such casc 
arose the furthcr questions whethcr the bird werc a cock or 
a hen, and if the latter whether it wcre or were not barren. 
The inconsistent repetitions in the commentary relative to 
this case prove that it was a favourite subject of discussion 
in the schools. 

The most extraordinary discussion is reserved for tho 
case of dogs, the authors of which were certainly devoid 
of any sense of the ridiculous. The fceding of a dog 
naturally involves responsibilit^ for its aets, but thc dog 
trespass, which particularly attracts the notice of thc author 
of tho original tract is that involvcd in his depositing his 
ordurc on the land of an adjoining owner. Thc commentator 
remarks that there are four trespasses of hounds, viz. man- 
trespass (í.e. trespíisses against mcn), mangling of cattle. 



CXXX INTRODUCTION. 

ljreaking of dwellings, and committing nuisance on land. 
The three fornier he passes over without notlce, and proceeds 
to consider the interesting questions ^vliich arise under tho 
lost head ; " wliat is required bv law is t^) romove thc dog s 
ordure out of the ground as far as its juit-e is found, and it 
(Jhe f/roand) is to be pressed and staniped upon witli tho 
heel, and line clay of the sanie nature í.s to ht: ind fhcre as 
conipensation. This is the test of roparatii^n ; that two 
horses of a chariot in yoke conie tliere and graze there, and 
if no part of the sod of grass stick to tlieir teeth in grazing 
on it the rejxtration Is cornplrfe. And threc times the size of 
the ordure is duc for conipensation, and its sizc c»f Lutter 
and its size of dough and its size of curds ; and the part of 
them that is not obtained in the one is to be chiinied in tho 
other afterwards. And if it be in the i^resence of the owner 
that the hound has committed nuisance (»n the grass, a 
finc for man trespass shall be j^aid bj' hiin for it.''* 

lIan-trespasses,properly so callcd, wrongful acts committed 
by the defendant himselfin respect of tlio land of an a^l- 
joining owner, are dlvided into various t-lasMs, an.l dcscribed 
by speciíic technical names ; but as no explanati<m is giveu 
of these tenns, with tho excoption of * jbthla'and "tothla" 
trespasses, it is impossiblc to oxplain the distinctions to 
which they refer.+ 

The subject of '• man-trcspass " is resumod at a subscquent 
pago,í and treatod of at oonsidoniblt.í h'ugth and in thc 
usual nianner. Tho íli>ít wrongful aot <liscnssod is that of 
cutting down treos or undorwoo<l upon tlu* land <»f another. 
The various species of treos an<l shrubs aru divithMl by the 
original writer, and inoro in dotail by his (•iinnncntator, 
into various classos, foTui<.lod u])on somo n(»blenoss inhcront 
in tho treos themsolvos, and tho oxtont to which the troc 
is injured fornis of courso an ehjmont in tlie oaloulation. 
The foUowing extraot is suílíoiontto illustrato thi->e ruhs: — 
"For the cutting of treos or stripping thom, full 'Jlrc' fino 
is paid for each, í.c, a perrL'ct oomponsation for tlic ])ortion 
of them which is damagetl, and fivo * scds' as '(//>•' '-fln(\ 

• Pai,'c 123. t raire 09. ; Pago 147. 



ISTEODUCTION. 



fat all treea ave not eqaally aoble, for tliore arc seTen 
chieftain trees and aeveu common tiees, and seven ishnib 
trees, and aeven bramblo treea, and tlio 'tUre-Sne fureach Ig 
differenfc. The chieftain treea are oalt, hazel, holly, ash, 
yevr, pine, applo. The ' dirs '-iine of the oak ; a cow-hide 
is due for stripping off it the barking for a pair of woman'B 
shoes ; and an ox-hide for tho barkmg of a pair of man's 
shoes ; and also to cover it until thc test of ita recovery ia 
had, i.e., amooth clay and cow-duiig and ncw milk are to be 
put upon it until tliey extend two tingers beyond the wound 
oii botlt sidcs, and halí' /tH« shall be for it until it is whole, 
For cuttíng the trunk a cow is ptiid, and live aeds are ita 
' dire '-úne. A colpttclL-heiínv is the /ine for their great arms, 
or for their small oaklings ; a 'daiii' heiferfortbeirbranohes. 
The ■ dire ' fine of every chieftain tree ot' them ia such."» 

The on]y ctaA» of man-trespass dcalt with is the breaJcing 
down and pas.^ing through a fencef (tlie English trespass 
quáre cíaiiBiint fregit). As to thia, diatinctiona are drawn 
having reference to tho cstent of the breach and the statua 
of the wrongdocr, and in the latter case the compensation 
to be paid hy the nativo freeman in every case is double of tbat 
payablo by a stranger, probab!y because the payment of 
compensation arl-ies from an Ímplied confract, and is not 
founded in theory upon the tort. 

There are four esceptional cases iu which it was juatífi- 
ablo to make gaps or breaches in privato íencss : — (1) a 
hreach hefore tho hosts, whieh is gloased to mcan "in 
flyiiig before an host," but which reference seems rather 
to mean " to permit tho advanco of the host " ; (2) before 
provÍBÍons, glosscd " of the host," wLich would raean, 
for the purpoae of bringing up supplies to the host ; in botli 
tbeso caae.s the hoat must moan the armed array of the 
inhabitants of the district in wliich the fonce ia sitnated;- 
(8) for the pa-wago of chieftainB " if they had found no other 
passage," aiid (4) for tho convcyanco of materials for the 



• Vm^ UO. 

dlHicalt ui<l ol 



icnfe pasMgc. 



: incauÍDg ai ibti 



CXXXll INTRODUCTION. 

crcction of any of tho followinfí buildings, (a) a miU, (h) an 
onitory, (o) a shrine, and (//) íi Iviiig's dun fnrt. 

The prinoiple of a right of Avay of nocossity is clcarly 
stated : sueh riixhts nnist havc iiínnediat«'lv comc into 
existeiicc upon the division of j'»iiit tí'nnneies into senarate 
lots ; this right is lu^wever fenced iu with ]>eculiar restrietions 
which prove tlie exclusiví» possi'ssinu l»y its <.)wncr of tho 
servient teneinent, and the anxiety of proprittors to prevent 
thc acquisitionby their neighboui-s of raseinents by continucd 
uscr ; '• There is onr stnv {qucre, rrstriction on full enjuyment, 
or casenient) whieh cvery co-tcnant is eutitled to from the 
othcr, íj'. in a land without an opening, without a road, 
without a ^vay ; hc is entitled to full passage over cvery 
co-tenaut's laiul that is next to him, but the manner in which 
he is bouud ío />'(.<s is v:ith six i^ersons about him, threo 
pei'sons from the owuer of the land, and three persons from 
thc niau who seeks thc passagc sjcill nlfnul to keep thcm 
(ihe C(ffllr) elose to the fenet' in ordcr tliat they may not 
spread over the land. If he has a way, tliis may be omittcd ; 
if thore be two mounds io it, or two stoue walls, hc is 
restraiuod bv them, for thev an.' wituesses. ' •' 

The liabillties or duties aunexed to lauds held in scvcral 
ownei-ship are expressly laid down in this traet; this 
su]>jeet has becn alrcadv notieod with referenee to the rights 
of woineii to land, but the oinimuration iii the followincr 
Dassa'/»; is w<jrthv of a referonee : — 

"Tlie liabilities of land now, !.e., servii-e of attaclc and 
defence against wolves and pirati.'s, aiid «^/í'/í(?'///í'í? to tho 
law of the territorv, both as to thi' hostin<r and feediiiLT anJ 
serviee of dofenee.' 

"The liíibilitii'S as n\u^*irds roads, v.(\, a fenoe is rcfju'ircd 
fur it alone, aud it /s uecjfisanj tu eut tliem aiul eleanse them, 
and remove thoir wueds and mire in timc of war and of a 
fair; and beeause it is expected that uaeh should assist the 
other.t 

Very interesting information is givon ineidentally in 
thc commentary on tliis traet, wliieh j^ruves thc cxisteneo 

* ragu 1Ó7. t ra-c 145. 



INTRODCCTION. CXXXlll 

at tlic (late of its composifcion of tenants in the modem sense 
of the term, holJing land for periods either fixed or uncei"tain, 
and paying rent in kind. The details as to this mode of 
land arise incidentally from the discussion of the liabilities 
and rights of the owner of a several lot, who is absent at tho 
date of the partition and as a nccessary consequencc does uot 
erect the fences betTveen his portion and those of the adjoining 
owners, or who leaves the district to escape the fulfilment of 
his duties in this respect. In such a case the t^vo adjoining 
owners would have no complete fence to their portions, as 
far as théy mearcd the lot of the absent man, and his 
abandoned lot would lie bctween them, enablinír their cattlo 
to trespass across upon their respective holdings. In such 
case the adjoining owners can distrain upon his property, 
if he has any, until he makes the fence ; if hc has no property 
they can distrain the " ncxt of kin to him of his family/' 
until they fulfil his duties on his behalf. This is explained 
in tho commentary as foUows : — " Let them distrain his family 
until they fcnce their brother s land,"* showing that tlie lia- 
bility would fall on the members of the household to which the 
absent man had previously belonged. It his family were 
unwiUing to fulfil this obligation, thcy could escape it by 
conceding theright of gi'azing the land to the two adjoining 
proprietors, who in consideration of the year s grass them- 
selves complete the fencing of the land, and occupy the 
dcrelict lot with their cattle in equal pruportions. If the 
absent man return in the course of the year, and find that, 
his family having rofused to fulfil his duties on his behalf, 
his lands are in the possession of his neighbours, he wjis held 
to have a cLiim upon his family, who by thcir failure to 
perform their duties to him had caused him to be temporauly 
left without home or farm. HLs riglits under these circum- 
stances against his family are exjílained in the foUowing 
rather obscure pas.sage : — " If the deserter has come/rura out- 
side into the tcrritorij after this, his family shall give him 
land during the tenn of the hire (lit loan), and thev shall 
obtain the hiro, aud the part of his farm-buildings which 



CXXXIT INTRODrCTIOÍf. 

iie ciiij hav.í f junl on his coming Vaok shall V.« obtained 
bv :iL«í i.^.rrtirr. lí Lís t\milv liavn.- lan'i. aná thev cive not 
if ■: :•: h:i-i t";.^. ;.:r-:- :- t.> Ir • V.AÍn'r'i by •l:...*e Ká*.o art 
:iiv.i«:f-. .u' ; -.:.- r •r.i-ii • f i::': vr*^-.:: :.- w:::-.:. th-? Liw has 
non :»=:«iL-r'r«i f r:'- ::r«i. the íti: iiv -'i.ill r^rchAa»; t r him. If 

ci;»i iir:.i.v '...\i r. :• lurrJ :í: iil'.. tl.vv r. .:;.\liv .í:v;í-l- the hire 

« • . ■ 

h»*cw«tit.-. lL: ilii.-i í^:. i tiic hir.-«.-.ir. iíl i l.-r li:::**.!: furchaáes 
t;hic D'-rr,i ,:. . í :!.'. «.rcctions wl.i.jh il.-r 1;íw Lx-í :.. t ooadsOíLted. 
li :h': :'ir...lv ..w : laii'l. aii'l iic v*- ■.;! i r. : Acc».pt of it« 
::he h:.'-: -.h.iii l': «iÍNÍ'ifl i."iii:\:!y ■.:v»-:..:. :::u:- aai labour, 
anii h'i íh.Ll -.It.LÍ^i :í'.« j-'rti":: ■ i ti:-.^ t.rM':: ns."* Tho 
ezr-I;ir.a:L'.r. 'c*"'..: h w:- suj^' -: :' r :h:- :'.i-.-.í.,-í :'ie ;3eneral 
Eit::ir.i.:j :-.vh::h:' n : í.>;;r i^ :!..;: n :%vi:ii*can«ling 
ui'.«: •.Ivi.-i .ri • : :'..■• h\ii'i iu ^.Vvrri I •:.v :*.::-rí -:ill 'iiirviveJ 
•::*r:a;r. :hhj\:i ::■? a:.: -r.u' ti;o r..- :::'••. n* • :' :hr «-.v^rtil h».*U609, 
cíjcIi :■ -Ár vpi.- thir i r'-\r::c-i, :i:; i .". '. • -. -'■ :• a; : iri carrviníj 
cu: :;.-: Tr:ri<cs ir*.':'i.?:i:.h t-- a {'•artici' ::. Arii :hvr»-:í'.w if the 
ta.r..hy f.úl-iii :•• r'-:inl :hr.-:r .ÍMtv t»^ ;iíi :t' .<•.::: i.:':::.'.nr.and per- 
rrh:r.rrii the a.i;-. ::.;::.: •■■.vurr^. \\\ C"ii^i.:vrA:;:i: . t tvr.cir.ír tbe 
ían-i. to .:cci;:'V ;: r'.r a v..ar. th-v wor • ':• ii:v.i >: ►:c;dciillv to 

% m K > • ■ 

.:úrii:«:n"!a.Cr: :!>.• ■:■■»-!;. r .ri \C\< r.::;ni i* r ::::• :r:u:r<'rarv loss 
•I hL-! h/li:':.-. I:':!..? u- r 1 :riir.-i:i:'. i " i.ire " :- takon in tbe 

ih,!;h'í -.-:.-.• ."-i !.: ar.inj ^- '\. a' ■ :::: j w\\ thv - sul jeet- 

....1.. « . «• 

^ m 

A. «"J:i i.i- 7 : :::í i.i- r'aiiiiiv i,;-;'*: \ r- %: :•: \\\ -.s'iivalent in 

• •.. . .. «• ..•.. Y111 

i\i . • " •■•■... !l",» \\* f^^V. l**' *'< ♦.»,...- ^ri>t|| |\A 

l.t... • '»1.... _ .•.. .-^.klk' \* , \ mt •'«».. *.&> k.'.at,«k.% 9..«tJL* Uw 

_ * • 

♦■:r.:L:i:«; :■. :■.-«■• iv^- t'r-iu h:i:i :i.'- Ittt::'..: vn':;."» -i the land, 

."-í.-i a: :i. ..■■. i . :* th-- viar I ■.■ >i..-.il ' v t :::::'.' d t ^ whatovcr 

Íiii'r V ■., r.'.-i '" ••h'-ii Lavo ': • ». u i.:::.iv Iv hirii on the 

«-« «« « «« 

li' ... ... ..-.-..*"•' ■... ..,.' •; t-^ 

h I ir i.i- íiri::iy hav. !•::: 1 ■ :' t!:vir "wii a:i..i Jo not 
• ■ •• • ■»• • •• .•« 

.. • ••••. ... 

'■.'.'• ; •■ . • " »" • .■■ *■ T' •."»'■■ • • í* i í Tii "*■ • ■' •! r ' "^i I *viip»v 
. ..S.&I . ^.. • ... -. * • i ' 'k '• • . i.iiti .. ... .t i..>ft*ft ftHti%y 

.. . .. .•••.« . .•... 

■-.- ." • -■■ ■•• . ._• ..■■»-•■■.-»■.-..•■• '.rfl^ll* *«« 

• • . ~ 

wi;.,;; i. ^l:.:il havo oríWtoil 

'■••• • •11 






• T»- - 



I* ■ » • » • 



INTRODUCTIOX. CXXXV 

(2). If the fainily have no land, they mnst give him in 
time and labour an equivalent to the valuc of his land 
during the residue of the year, and he must in this case 
himself buy in what in the preceding case the family were 
bound to purchase for him. 

(3). If Iiis family offer him a compensation out of their 
lands, and he refuse it, thcy arc bound to compensate him 
in time and labour equivalent to the value of the land for 
the residue of the year, and he loses all right to the im- 
provements.* 

The difficulty iu understanding this passage arises specially 
from the mode in which the rights of third parties are 
made apparently to dcpcnd upon the dealings between the 
owner and his family and as was before scated this explan- 
ation is very uncertain and not pcrhaps more than conjec- 
tural in its details.t 

Some commentator upon this passage, fortunately for us, 
has had his attcntion directed to thc question as to the 
rights to the " erections " uj^on the land, and not very 
logically proceeds to explain thc rules on tliis subjcct as 
between landlords and tenants in the modern sense of the 
term. From this passage we conclude that there were two 
modes of letting land, viz., for an indefinite tenn, and for a 
fixed pcriod, but that in both cases the lessor could resume 
possession, and that the fact of the period of the holding 
being ascertained bound the tenant and not the landlord. 
Tho terms " with nccessity " and " without neces3Íty *' 
in this passage, applied to the act of cither landlord or 
tenant in determining thc tenancy, are tlie samc as arc 
used in refcrence to wrongful acis in tlie other poi-tions of 
these laws, and in such passagcs they have l:>een translated 
Bs " intentional " and " unintentional ;" the meaning of the 
word " necessary " as qualifying an act may be taken to be 

* Seo the explanatlon of this passago givcn at page 135. 

f The subí«equcnt commcntutor sces tho difliculty of explaining these rules and 
suggcsts thc following kev to their mcaning, viz : — *' It ís the land of another mao 
that he has In this case let out on hire '' (p. 185) ; that h, that when the family 
procure land from a third party for the uso of a '* dcserter '* thcy occnpy th9 
double position of tcnant and landlord. 



CXXXVl I XTRODUCTION. 

that thc act in qucstion was the natural result of the 
circumstanccs in which thc person who diil it was then 
placed ; thus a " killing with necessity '* would include 
justifíablc homicide or manslaughter, and a " killing without 
necessity " woidd be equivalent to our term murder, meaning 
the 8lay ing of anothcr wrongfully and ** with malicc afore- 
thought ; " the bcst translation of thcsc tci-ms in relation 
to thc determination of a tenancy would seem to be " i"eason- 
ably" and " unreasonably," a qualifícation of an act not 
very logical, and probably exprcssing thc gcncral o])inion of 
the ncighbourhood upon the moral aspcct of thc transaction. 

The rules laid down on this subject are aa foUows : — 

A. If the lctting be for an unccrtaiu period, in all cases 
the tenant, if he determinc the tenancy, leavcs thc erections 
behind him ; but if the landlord dctermine the tenancy for 
any reason whatsoever, the tcnant may carry away the 
erections with him. 

B (1). If the letting be for a tcmi ccrtaiu, on thc expiration 
ot the term, the tenant must lcave the erections behind 
him. 

(2). If the tenant determine (surrcnder) the tenancy for rca- 
Ronablecause,thc valucof his crcctioiisis apportioned between 
(having reference io) "timc find labour;" but, if without 
reasonablc cause, hc must leavc them bchind. 

(3). If thc landlord, cvcn on tlie last day, unreasonabIy de- 
tcrminc thc tcnancy, the tcnant may romove his crcctions ; 
but if rcasonablv, therc is a division of their value having 
rcfcrencc to timc and labour. 

c. If tlic lands have been lct for agricultural purposcs, with 
an ngreement to manure and dung thcm,and a pcriod has been 
lixed for the determination of the tenaiicy, the case follows 
the ordinary rule ; but if no pcriod has bocn fixcd, it shall, 
ncverthclcss, bo considcred as a tenancy for afixcd pcriod — 
such pcriod to bc asccrtained by thc award of " the neigh- 
bours ;" the grounds upon which it would procccd may be 
gathercd from thc conimentarv, at page 137. "If he has 
specificd no partícular timc bctwecn thcm at all, the land 
shall belong to the 'man witliout' (/./»., thc tcnant, as con- 



INTRODUCTIOS. CXXXVll 

tniAted with the owner), until thc time of his manure or 
dung has been taken out of it." 

D. If the letting be for grazing, and " for forming erec- 
tions " (with a covcnant to erect buildings), the rent is " onc- 
third of eveiy animal on wliich tliere is increase ;" but if 
for grazing only, cvcry sevcnth cow is lcft for paymcnt of 
tlie rcnt, but the tcnant is allowcd for every scven cows to 
pasture witliout furtlicr paymcnt, in addition to every seven 
cows, as many shcep as were considered the cquivalent of a 
cow. 

E. If tlic tcnant has agi'ced not to break up the land, and 
has ploughcd it in violation of his agrcement, the " tiUage 
and sced " arc forfeited, and lic pays five " seds " as damages; 
but he can always break up the hmd if thero was no agrec- 
ment to the conti'ary. 

F. Farm buildings found upon tho land by the tenant, 
are, at the dctcrmination of thc tenancy, to be treated as 
having been erected by him. * 

Some information as to thc rent of land may bc obtained 

* Page 133. Thesc cquUablc doclrinos npplicd only to frcc cuntractual tcnants. 
The unírec ciistoinary teuaiits were very diílereutly treatod. 
" The frec iril)utes, as I have heard, 

^Vrc tlu'y which wc havc abovc mcntioncd ; 

Of thc uoblc tribes these are due, 

Who are upon lands cxternal [to thc mensal lands]. 
" Thc unfrec tribes, — a conditiun not oppressive, 

They are in his [thc lcinp's] own lauds ; 

Servile rcut by thcm, it is thc truth, 

Is to bc aupplied to thc palaces of thc chief king, 
'*The tribute which is duc of theíc 

[IsJ is uf firc b<»tc an<l woud ; 

[alsu] thc rcnewiufí of his cloaks, constant thc practicc, 

A tributc in washing and in eleaning. 
" This is duc of the best part of them 

Kunand purplc of linc Ktron;;th, 

Red thread, white woul, I will not conceal il, 

YelIow blaan aud binnean. 
*' From fhe unfree tribes ofvjnolli covntenance^ 

WhoJly with the rentjrom the l ind^ 

Ticice as much is due 

Ás thti/ had cairied offfrom thiir /atherland." 

DooJc ofRights;' p. 223-4. 



CXXXViU INTRODUC TION. 

from an earlier passage in this tract dealing "with thc modo 
in which land-trespasses are cstiniated ; tho answcr which 
it gives to this question is as foUows : — *' From^its rcnts ; if 
it be winter grass that is injurcd, two-thirds of its rent is 
the fine for the trespass ; if summer grass, it; the fine, is onc- 
third."* On this passagc tlio gloss says : — " Two-thirds of 
Ihe fair rcnt, o?' pjv'cc that is imid for its * feis '-trespass 
and * airlim '-trcspass is what is imid for its * airlim'- 
trespass only, for it is four sacks that ai'o ixúd for its ' feis'- 
trcspass, and two sacks for its * airlim '-trespass. Two- 
thirds of thc rcnt which is paid for a " Tir-Cumhaile " of 
the best land to the end of three quartcrs of a year is what 
ÍB due for ' feis'-trespass in a meadow of winter grass-land 
over a full fence, i.e., thrcc ' scrcpalls ' for the three quar- 
ters ; í.c, two ' screpalls ' for * fcis '-trcspass in wintcr, 
and one * screpall ' for * feis '-trcspass in summer, and thLs 
is thc third of the three * scrcpalls.'t 

Thosc who ai-e desirous to work out qucstions of this 
nature, ai-e referred to the Tnict entitlcd " Divisions of 
Land/' containcd in this volume, in wliich the nieasurcs of 
land are explained, and the addition or diminution in thc 
value of land produced by the prcsence or absence of 
various qualities. 

The letting of land, as explaincd in this tract, was car- 
ried on upon csscntially mcrcantile and cquitable principles, 
and was wholly unconnectcd with any feudal tenurc. 

Sir H. S. Maine has successfully shown that the fcudal 
relation of Lord and Vassiil among tho Irish (so far as it was 
developed) rcstcd upou the hiring out to the loss wcalthy 
classes of cattle and not of land. The bencfioe wliich tho 
tcnant rcceived as tlic considcration of Lis services, must have 
been of value, and not otherwisc casily attainable ; and Sir 
H. S. Maine thereforc points out that in tlie earlier stages of 
society there was a supcrabundance of land in projiortion to 
the amount of cattle availablc for cultivation and nianurc, and 
that what thc vassal desired and obtained was not land to 
tiU or pasturc his cattlc upon, but cattle for thc purpose of 

♦ rage 1)7. t Page 97. 



INTRODUCTION. CXXXIX 

utilising his otherwiso valueless lands. This tract, however, 
exhibits to us a eondition of society altogether different from 
that in which the * saer ' and ' daer '-stock tenancy took their 
rise. We find tenants paying very substantial rent under 
grazing leases, tenants wiUing to expend money in " erec- 
tions/' and manuring their holdings, and also that thc 
custom of tenants taking hind for agricultural and grazing 
purpose, had existed sufliciently long for the development 
of a custom determining the duration and incidents of the 
tenancies, and the respective rights of landlord and tcnant 
as to future and permanent improvements. Thc manifest 
inconsistency between cattle-tenurc and the rules laid 
down in this tract on the relation of landlord and tenant, is 
one of the many proofs of the social changcs which must 
have occurred between the date at which the older Celtic 
customs were in force, as being in accordance^ with, and 
springing from, the daily needs of an existing society, and 
the period when the latter and spcculative commentaries 
were composed ; and, therefore, of the impossibility of ex- 
tracting any one uniform system of jurispnidence from the 
mass of Brehon Law Tracts of unknown authorship and un- 
certain date. 

The contents of this tract are sufficient to jiut an end, 
once and for ever, to an assertion, which seems to have 
become an axiom adopted by all authors on Irish history and 
antiquities, and which has also gained considerable political 
notoriety, namely, that the ancient Irish had not attained 
to the idea of exclusive ownership in land, and that all thc 
land, until the influence of English law prevailed, was con- 
sidered as the joint property of the tribe or family. It is 
evident that the several and individual ownership of land 
was perfectly familiar to the Irish ]awyers, and that tho 
most advanced applications of this doctrine, such as hiring 
of land for limited periods and under specific covenants, and 
also the doctrine of servitudes, were not unknown. The 
question of importance upon tliis branch of Irish antiquities, 
is not whether several property in land was known to the 
Irish Brehons, but what was the proportion which, in the 



Cxl INTRODUCTION*. 

historical period, tlio lands hcld by the l)ody of tlic tribo 
bore to those appropriated to individual and sepamte owners. 

In an introduction, such as the prcscnt, niany interesting, 
although incidental, statements, which are of much antiqua- 
rian value, must neccssarily be left unnoticed. 

None of the Brehon tracts gives niore coniplcte materials 
for estimating the merits and demerite of the carly Irish 
lawyers than does the prescnt. This may be attributed to 
the fact that thc work in question, being probably of a late 
date, contained few difficulties in its construction, or re- 
ferences to ancient and antiquated customs. The glosses 
prove that the subscqucnt commcntator felt no difficulty in 
undcrstanding the original text. The subject matter was 
also practical in its nature, and remarkably adapted for tho 
mode in which the Brehon school dealt with legal subjects. 
In dcspite of a style singularly wearisomc and confused, it 
18 impossible not to obscrve that they have worked up into 
a consistent fonn a mass of local and varying customs ; 
that they have laid liold of important legal principles, though 
in an uncertain and illogictil fashion ; and that in the sclec- 
tion of thcir rules they have exhibited an honest and 
equitable spirit ; ou the other hand, this tract iUustrates 
their incapacity to arrivc at legal abstract propositions, and 
the extreme indcfinitcness or mistiness of exprcssion towhich 
they wei'e habituated ; their prcvailiug error of mistaking 
arithmctic conclusions for definite propusitions ; and, lastly, 
their prcdelection to wander away from the practical appli- 
cation of thcir rules into the discussion of imaginary und 
fantastic cases, which were elaborated in the naturc of 
scholastic spcculatious. Tlie wisdom, for which thc Brchon 
lawyer3 obtained such undesurved credit, rested upon the 
feeblest, not the most importiuit, portion of their work. The 
vulgar of the day may have listcned with amazement and 
admiration to discussions as to thc various liabilities of 
hens, or the trespasscs of dogs ; atid most of their modern 
translatoi^s and studcnts, confessedly ignorant of juri^pru- 
dence, seem to havc becn struclc with astonishmcnt at thcso 
dialectic porformances ; but thc test of thc mcrit of cyeiy 



INTRODUCTION. cxli 

legal school is ita success in the «ipplication of its scientific 
conclusions to the practical aftairs of life. That the Brehon 
lawyers reduced the mass of customary rules into a tolerably 
definite form, and contrived to hase their doctrines upon a 
foundation more or less logical, and that, although possessing 
no original jurisdiction, by the general equity of their 
docisions, they succeeded in establishing their judicial 
power, are merits whieh t)ie cursory student of tlie present 
day, repelled by the fonn of their works, is perha{)s too slow 
to admit. 

VII. 
Bee-Judgments. 

The culture of bees in the middle ages possessed an 
imi>ortance which, in our modern days, it has altogether 
lost. Until the introduction of sugar into Westeni Europo 
at so cheap a rate as to admit of being considered an articlo 
of ordinary use, honcy was largely employed as the only 
means of sweetening the food ; and ahnost until our own 
days the consumption of wax for candle was very extensivo» 
At whatever date the sugar-cane was first cultivated in 
Europe, (the western nations first became acquainted with 
it shortly aftcr the date of the first crusade), the extensivo 
use of this article in Ireland cannot have arisen beforc the 
introduction of West Indian sugar at the end of thc lCth 
century, up to which date the cultivation of bees must 
have continued to be a matter of consideiuble importance 
in Ireland. 

The importance of bee-culture in Ireland is proved 
by the well-known legend relative to their introduction 
into tho island. This is printed in Colgan's " Acta Sanc- 
torum," undcr the date of the 13th of Februaiy, the feast of 
St. Dominicus, or Modomnicus. As the book is not easily 
accessible, the piissage is here transcribed : — " Narratur 
ibidem et aliud de ipso S. Modomnico seu Dominico 
miraculum vere prodigiosum, universa) patria) continuá 
veritate proficium, et perenni famá viro sancto gloriosum. 
Traditur enim primus csse, qui vel apes absolute, vel 



Cxlii INTRODUCTIOX. 

saltom ccrti gcncris apcs in Hiberniam transvoxcrit ; undo 
magna deinceps in iUo regno, qiia ante caruit, apum ct 
mellis almndantia reniansit. Sed quia haec periodus, ut 
fabulosa, a duPte cervicis hcrcticis irridetur, ot quibusdem 
emuncto) naris Catholicis tanciuam parum fundata minimó 
arridctat, placuit plurcs, eosque graves et VL'tustos, ejus 
produccrc testcs. Cum S. J^lodoninicus, discipulus sancti 
Fatris (S. Davidis) ad Heberniam rcvcrteretur, et navem 
ad transfretandum ascenderet, ecce omnis multitudo apum 
ternc iUius, undo exierat, conse([uens euni, in navi cum eo 
consedit. Ij)sc enini examinibus apum nutriendis atque 
sen^andis, diligentem cui*am dc Patris David mandato 
dabat, ut indi;^'entibus aliqua eiba suavioris oblectamenti 
ministraret. Discijíulus vero nolens tanto benelicio fratres 
defraudare, iterum ad I^atris presentiam rcdiit, sequentc 
tamen eum turba apum, (piuí ad alvearia propria prorexcrunt. 
Cum secundo valefaceret fratribiis, et viam suam carpcret, 
ecco apes, ut prius, eum insequuntur ; (piod cum videret, 
iterum ad fratres revertitur ; et similiter euni apes onmcs 
concomitantur. Cum tertiu vico hoc factum itcríisscnt, ct 
vir Dei nullateiuis vellet eas a fratribus abducei*e, cum 
omnium fi-atnini benedictione et Patris David, lieentiam 
transfretandi cum apibus accejút ; apcs (|Uoque S. David 
benedicens, ait ; terram, ad (|uaHi propcratis, vestro abundet 
semine, nec uii(|naui d(.'ticiat vestnim inibi scmen vel 
gcrmcn ; nostra autcm civitas a vobis iii pcrpetuum im- 
munis, nec ultra scmrn vt'stnnii in vX (Xt'rcseat. Quod 
usijue in jireseiis tenijuis coinjili'tiun csse corninius ; nam 
si aliunde in illam civitatem <lí,íVTantur, ncquaquam durarc 
passunt. llibcniia autf.-m insnla, in (lua us(|ue tunc apes 
vivere nequclmnt, j«)st<.*a nia^fnfi nicllis et apuni fortilitatc 
florebat. Quod enim ibi aj)es autca vivorc niHiuebant, ex 
hoc coUigitur, qu(jd si jiulvcres vcl liipilli de lliberniri inter 
apes alianun terrarum i^rojicerentur, fugi(.'ntes tanquam 
nocivam devitabunt. 

" Hujus historitn veritatem confinnat nomon loci, (pio 
apes illío in lliberniani derocta^ priino cnllocatie sunt, ab 
ipso eventu desumptum ; is cnim locus in rcgione FingalliaQ 



iNTeoDucrriox. cxliii 

sive comitatu Dubliniensi situs, Lann'heacliaire^ id est, 
Ecclesia Apiarii adpellatur, &c/'* 

The present tract must be considered as an exercise in 
which thc question of tlie ownership of bces, their swarms, 
and their honey, is sclected as a subjcct for dialcctic 
subtility. From the passages in the preccding tract dealing 
with beo trespafises, and incidental passages in the present, 
it is evident that questions relating to the ownership of 
bees were, in the ordinary course of life, dealt with on much 
less refined principles than are here suggested; but the 
present tract is valuable as illustrating the modes of thouglit, 
and the logical abilities of the Irish lawyers. For the 
purpose of raising all possible questions as to ownership and 
possession, no subject could have been more ingeniously 
sclected than that of tlic rights to bees and their produce ; 
and upon this point soine few observations are necessary. 

The ownership of bees raises at once the question of what 
is meant by possession. This term is generally defincd as 
expressing the siiiiple notion of a physical capacity to deal 
with a thing as we like, to the exclusion of eveiybody else, 
and the possession continucs, even without physical contact, 
if the physical force to retuko the object can be reproduced 
at will. 

Thc most remarkable illustrations of the legal conceptioii 
of possession arisc in the consideration of the possession of 
live animals. The animals which ordinarily exist in a 
dpmesticatcd state, such as cows and horses, liardly difler 

* Tho gornl fathcr, who dcals so hardly with thick headcd hercti(»8 and 
sceptical Catholios, is howcver liimsclf etnbarra8.sod by evidence as to the existence 
of bees beforc the datc of St. Mudomnicus: **Qiiod aiitcm in Iliberniú ante 
sanctum hunc Dominicum natum apes et mella fucrint contttat cx irrcfragabiU 
testimoniu rcgulo) S. Ailbei, in quá num. 37 ita Icgitur, Vum sident ad mensam, 
adfcrautur hcrbfc, sivc radiccs, aquú lotic in niundis &catcllis *, itcm poma, ccrvi^iia, 
et ex alveario mellis ad latitudiucm (>ollicis, id C!>t, aliquod íavi.' S. autem 
Ailbeus íloruit iu Ilibcrnia Hiniul cum S. Patricio, et aliquot etiam annis ante ejus 
adventum, sivo ante annum 431. Ad aactoritatcs S. iEngus£(ii et aliorum qui 
dicunt S. Dominicum primum fuissc, qui apes in Iliberniam attulcrat, diccndum 
hoc esse intclligendum dt certo genere ujntm : sunt cnim iu Iliberniú et don.esticaB 
et silvestres, ac divcrsi coloris et gencris a\H:s ; pra'cipuarum aut«?m ex his genus 
et Bcmcn vidctur S. Dominicus primus advexissc." ( VitcB iiamtorum, p. 328, 
n. 7-8.) The lcgend thereforo affordd no means of íixing the d<itc of this tract. 



CXIÍV INTRODUCTION. 

from other property. Animals, on tlie otlicrhand, which aro 
in a wild state, are only in our possession so long as thoy 
aro so complete1y in our ])ower that we can inuncdíate]y 
lay hold of them. The meaning of the di.stinction is, that 
the tame animal will ncaturall^, ainl of itsulf, remain within 
the possession of the owner ; the wild animal will as oer- 
tainly attempt to escape, and will most prol)ably succeed in 
doing Ro. 

We do not possess the físh in a river, although theseveral 
right of fishing belongs to us ; but we do possess fisli when 
once thoy aro placed in a receptacrlo, wheneo wo can at any 
time take them. According to the civil law, the ownorship 
of wild animals is founded upon thc fiict of capture, and 
exists only so far as they are actually or eonstruotively in 
restraint. The Institutes are olear upon this point : — " Feno 
igitur bestite, et volucres, et pisces, et omnia animalia, quaí 
mari, caJo, et terrá nascuntur, simul atque ah allquo capta 
fuerint, jure gcntium statim illius essc incipiunt. Quod 
enim ante nullius est, id naturali ratione oonooditur, iiec 
interest, feras bestias et volucrcs utrum éu í*uo fundo quia 
capiat, an Í7i alieno."* 

The ownership of tho locm in qvo of the oapturo is here 
entirely excluded from thc considoration of the vosting 
of ownership. 

This law has boen in Englan«I very considoríibly modified, 
by reason of the exclusivc priviloges gonoralIy ooncodod to 
owners of land. There is not tlie loust difficulty in a man 
liaving possession of that of which he is not the ownor, and 
it was consLstent with the idoa, whioh attaohos to our word 
** close," to treat the pei-son ontitled to the possession of 
inclosed land as in possession of all the game which at any 
tlme happen to be there. It was, thercfore, obviously cor- 
rect to decide that, when a trcspassor kill.< game upon the 
land in my possession, the gjmie is miue. It is, however, 
very difficult to apply these principlcs to thc ciuse of bees ; 
the hives, the honey in them, and the boes in the hives, are 
manifestly in the possession of the owner, but as to the Ijoes 

* Iiist., Lib. ii., Tit. 1, Dc uc'cupatione íerarum. 



INTRODUCTION. cxlv 

who fly away or swarm out, he has no means of identify- 
ing or recapturing them, unless by close and imme- 
diate pursuit ; bees which leave the hive are in the same 
position as wild animals which escape from their cage. In 
the case of wild bees, according to the Roman Law, the 
owner of the soil would have neither property nor possession 
until he physically possessed himself of their nest and 
honey ; in this latter case, according to the general principles 
of English law, the possessor of the land should have, in 
right of such possession, a possession in the bees and their 
nests upon his land, and he alone, by actually securing 
them, should become their owner. The trespasser who 
secured a swarm or bees' nest upon the land of another, had, 
under the civil law, both propérty and possession; under 
the English law he should have the possession, but the pro- 
perty should vest in the owner of the land. The law as to 
bees is thus laid down in the Roman law : — " Apium quoque 
fera natura est. Itaque apes, quse in arbore tuá censederint, 
antequam a te in alveo includantur, non magis tuae intelli- 
guntur esse, quam volucres, quse in arbore tuá nidum 
fecerint. Ideoque si alius eas incluserit dominus eorum erit. 
Favos quoque si quos effecerint, eximere quilibet potest. 
Plane integrá re, si praevideris ingredientem fundum tuum, 
poteris cum jure prohibere ne ingrediatur. Examen quoque, 
quod ex alveo tuo exvolaverit, eousque intelligitur esse 
tuum, donec in conspectu tuo est, nec diíGcilis persecutio 
ejus est, alioquin occupantis est."* 

Bracton, as might be expected, adopts the pássage of the 
Institutes ; but in quoting his authority, Blackstone adds 
the following observations : — "But it hath been also said that 
with us the only ownership in bees is ratione soli ; and the 
charter of the forest, which allows every freeman to be en- 
titled to the honey found within his own woods, afibrds 
great countenance to this doctrine, that a qualified property 
may be had in bees, on consideration of the property of the 
soil whereon they are found."t 

* Inst., Lib. iL, Tit. 1, De apibas. 
t Black. Com. B. II., P. II., Chap. 1. 

k 



CXlvÍ INTRODCCTIOX. 

The inodt' in whioh ihe ownersliip of bces, their hoiiey, 
and their swanns, is disoussed in the present tract, and Íhe 
principles applied by its authorí. are a vtrrv fair teat of the 
extent to which the Bn.'hi»n Lawvers were acquaínted with, 
and influenced bv. the Civil Law. ••f which the rule of 
ownership resting on pt^xsession was oue of the primaiy 
doctrines. 

The rights to the pn.>dui.v anil swariu^ i*f a hive of beea 
upon the farm of aii}* propríetor are. aecording to the theoTy 
of tbe authors of the present tract, fnunded upon an implied 
contract between him and the adjnining owners of land. 
The holding of tlie owntT of the Ih.'OS Ls assumed by them to 
be square, or at least four sid^-d, and eaoh of the siiles to be 
mearoil by the lands í>f a distant o\iiit'r. The bees are siip- 
posed to enter into and gsither hi<ney on the four adjoining 
tarms, the owners of which, by reason nf the sustenanoe thus 
afforded to the 1k^8, ac(|uire detinit^ rights in their increaae 
and produce. The unpractical nature of this troatise is shown 
by the fact that the author l^Iieved that liees did not breed, 
or throw oíf swarms, until the third vear, and it is upon 
this assumption that their c;ilculiitit»ns are based. They 
allow the hive what is stvled, " thrtH? years of exemption, 
one year for their pnxiuction, one ytar * while they are 
few/ '* aud the yoar of their breeiiing, which must mean 
the year of their tirst swaruiing. During this períod the 
adjoining owners have no right to the swarms, but only to 
a certain definite proportion of the honey proiluood. Four 
vessels of different sizes are assuinod as the nieasure of the 
quantity of the honey produoed, and these vessels are them- 
selves arranged by rcforence to the size oí cattle at different 
períods of their gi\)wth, (1) the niiloh oow ve.ssel, which 
when full a man of ordinary strength couM raise to hia 
knee, (2) a " aaTnJmlsc'' heifor vc^^el, which a man could 
raise to his navel, (3) a '* colpaoh " hoifor vossel. which a 
man could raise as high as his loins (or waist), and (4) a 
" daiH " heifer vosscl, whioli a man could raise over his 
hoad ; the sovei-al proportions out of thoso ri.*spL'otivo quan- 
tities of honey to wliich the adjoining ownors were (or j>cr- 



INTilODOCTION. 



cxlvii 



'hapseach of them wa&) cntitled, was one-half, one-tbird, one- 
L fourth, and one-íifth of an eaera, or drinldng cup ; thtg waa 
the amount fixed by the ordinarj' nile, but there were also 
I contingent t'Iaims for a supply of honey in the ca.se of an 
entertainment to a person of rank, or upon the occasion of 
Bickness. The swarraa of the third year must be nssumed 
' to have belongeil to tlie owner of the hive, for upon tha 
expiration of the threo years, "thc i>eriod of exemption," 
the foiu- adjoining owners becamc eaoh entitled to a swarm 
out of the hive. In the diatiibution of the awarms thi! 
author assnmea that bees throw out thrco swarus in Ihe 
year ; the first (tssuuieil to be the best, the second awarm 
alao of good qua]ity, and a third Ínferior swann, dcscribed 
as the " meraií/Ac ' swarm. Throe only of tho adjoininj^ 
proprietors could get their swarm in tho third ycar, and tlio 
fourth had to wait for tlie following season, whon lio waa 
entitled to the firat and best awarm of the ycar. 

The lands in queation wero asaumed to bear tho samc 

relation to each other as the diviaions of thu gcÍUÍnt*, and 

they were ontitlcd to their swarins in n rntatiou foiiiidod upon 

ihesupposetl relationship existingbetween thesefourclaaees. 

As the number of the geilfíne divisions were four, and that 

of tho landa, inclusivcof theoriginal farm, ontitledtoswamiB, 

was five, the theory could not bo complete]y carried out. 

The originai farm, which obtained tbe swaim of the third 

year, must have beon conaidered as the goilfine clasa ;• the 

, other landa were classed with reference to the proximity of 

I the hivc. and the degree to which the bees wonld, therefore, 

be HUpposed to resort to it for their honey ; tho noarest laud 

I was described as the " deirbfine " land ; the ncxt uoarest 

I must havo been the " iarfine," and the third tiio " Ínnfino." 

j The remaining adjoining farm coiiJd uot have had any name 

L derived from tlie geiifine relation, but muat have been iiitro- 

l duced os a conaecjuenco of the aasumption that the original 

1 fkrm wás a square, Tliat the origioal farm was the goilfine 

1 &rm follows from the fact thnt the socond was tho doirbh- 

I fine, as otherwise tho gcilfine niust have bcen postponed to 

• Sei GJuu, ps);<> 178, llnu SV. 



cxlviii 



INTHODUCTION. 



two remnining classeR, or ÍDtrodnced iirter the deirbhfine;' 
but the order of the foiir classefi niuBt be observed, which ia 
a matter of importance in considering a passt^e in tlie ncxt 
tract tn this volume dealing with the ríght« to water. 

The owners of the adjoining landa were liound to set s 
watch " in tho bright times, when the bt-ea send out a awami," 
and, if a swarm escapcd through their ne^ligence, they 
■■ shall aupport the beea until the end of another jear," that 
Í8, the further distríbution of Bwamia was ad.ioumed to the 
next season. The case of swarms, whích wert' nut allotted 
to, and taken poasession ofby, one of the fotir «djoimng 
owners, ia next discussed ; if a swarm, not the property of 
one of the adjoining owners, swarmed within tho farm of the 
owner of the hive, noquestioncould arise: a rule determining' 
the ownerabip of a awarm couid only arise, when it had left. 
the farm of the original owner, and settled upon the landa of 
a third party. For the purpose of dociding this question our 
author refers to thc analogous caíie of the righte to the fruit 
of a tree, belonging to one peraon, but planted in and grow- 
ing out of the land nf anothor,» Such a queation is foreiga 
fco any European system of law, but it frequently aríaes in 
the Courts of Ceylon, where not oiily tbe owners of the tree 
are different, but even the tree and ita produce are held by 
many peraona in joint, and nccessarily undivided, owner- 
ship. It Í8 easy to underatand how such a question might 
arise in a country aueb as CeyIon, where a farm used for the 
eultivation of lai^ treea, such as a cocoa-nut plantation or 
mango-grove, has, Ín the course of severnl genemtiona, been 
aplit up into Ínnumerable shares among the descendants of 
the original proprietor, but, considering the small size and 
insignificant value of the fruit trees in Ireland at the date 
of thÍH tract, and the abundanee of land, it Ís difHcult to 
believe that the case is aught but imaginary, unleaa we 
asaume the existence of the letting of land for garden pur- 
poses, with a oustomary rent reserved out of the produce. 

The general rule on this subject was that the bottom (tho 
land) waa entitled to the fruit of the top (the tree) every 

• ragpl67. t Page 16!». 



INTHODUCTION. 



cxlix 



fourth yeai', and that in tbe other three year8 it was divided 
iuto two parts between the reapective ownera ; the text theD 
refers to the contingency of beea swarming upon such a 
tree, and treats the Hwarm as if it wero portion of the natural 
produce of the tree itself. The general rule as to such 
«warms of unclaimed beea is stated in tlie commentary thuíi i — 
" It ia to the land out of whích it (the tree) growe 
ori^nally, that its produce belongs every fourth year; until 
(tljen ?) the produce of tho bees is divided Ínto two parts to 
the end of tliree yeai'8 between the owner of the bottom of 
the tree and the owner of the top, and its produco every 
fourth year is due to the owner of the bottom, in the same 
way as the owner of the top gets the produce of the tree 
every fourth year, so the owner of the bottom of the treea 
obtains the produce of the bees every fourth year. This is 
when the original owner of the bees is not known."' This 
rule refers to the division of the ownerahip of a 8tray swarm 
betwetsn tlie owners of the land ajid of the tree. The mJes 
as to awanns, the ownership of which was oither admitted 
or asaerted, is stated subsequently in tlie commentory, and 
it ia to be remarUed that in the deciaion of such questions, 
two additional elements are introduced, the greater or less 
certainty of the owuership of the swarm, and the ranlc of 
the owncr of the tree. 

(1.) " Ab to known beesinthe trunk of tbe tree of a uoble 
* nemedh,' two-thirds of í/ieír produce are due to the owner 
of the tree, and oue-third to the owuer of the bees, to tlie 
end of three year8, and they (the bees) are tbe property of the 
owner of the tree from that out. 

(2.) " Aa to doubtful bees in the trunk of the tree of a noble 
'nemedh,' three-quartera of their produce are due to the 
owner of the tree, aud one-fourth to the doubtful owner of 
the becs, to the end of three years, and they belong to the 
owner of the tree from that out. 

(3.) " As to the known bees in the top of tho tree of a 
noble ' nemedh,' one-third of their produce is due to the 

• P. 171. The punctmilion of Ihis pRswjii; has Wa «Itered irom Ihit íq the 



cl INTRODUCTION. t 

owner of the tree, and two-thirds to the owner of the bees, 
to the end of a year, and they belong exclwsiveli/ to the 
original owner of the bees from that out. 

(4.) "Asto doubtful bees in the top of the tree of a noble 
* nemedh/ one-half o/ íA^ir produce is due to the owner of . 
the tree, and one half to the owner of the bees, to the end of 
a year, and they belong to the owner of the bees from that 
out ; or, according to others, it is to the owner of the tree 
they belong.* 

(5.) ''As to known bees in the trunk of the tree of an 
humble * nemedh,' one-half of their pn^oduce is due to the 
owner of the tree, and one-half to the owner of the bees, to 
the end of three year8, and they belong to the owner of the 
tree from that out. 

(6.) " Aa to doubtful bees in the trunk of the tree of an 
humble ' nemedh,' one-half their produce and one-eighth go 
to the owner of the tree, and one-half except, one-eighth to 
the owner of the bees, to the end of three years, and they are 
the property of the owner of the tree from that out."t 

The two further rules which should correspond to rules 3 
and 4, are omitted in this part of the commcntary, but in a 
subsequent passage the further inile occurs :í — "As to known 
bees in the top of the tree of an humble ' nemedh,' the fourth 
portion qf iheir produce belongs to the owner of the tree, 
and three-fourths to the original owner of the bees, to the end 
of a year, and they are the property of the owner oí the 
bees from that out."J 

There is a passage in the oríginal text which puts the 
rights of the " nemedh "-person upon an eiitirely different 
footing, and classes a swarm of bees as one of the seven 
fugitives not entitled to the protection of liis house, and 
therefore in this case the " nemedh "-person, being obliged 
to yield up the fugitives to the pursuing owner, receives but 
one-third of one year*s produce as a gratuity. This passage 
is quite inconsistent with the rest of the text, and thc de- 
tailed rules of the commentary, and proves how niuch of the 

• Thi8 rule is varíou>1y given in pip^ 189. 
t Page 183. X Page 189. 



ISTRODUCTION. 



cU 



I regulatioDB laid down in this tract are pare1y diaJectic, and 
I what difFerent conchisions may be arrived at by shífibÍDg the 
[ [wiat of view from which the question is regarded. 

The questiona ai'e then discussed which deal with the 
con&icting rights of the nian who fíods a 8tray swarm, and 
the owner ot the land on which the awarm is foimd ; these 
' inBy be summarised as follows : — 

(a.) lí the Bwarm is found in a green, that Ís, the open 
I grassland immediately surrounding an house, one-fourth of 
one year's produce to the fínder, and three-fourths to the 
[ owner of the liouse. 

(b.) If in a tree in a green, if the bee« have been there a 
year, one-haif to the 6nder, and one-half to the owner of the 
house. 

(c.) If in the land between the green and the waete, one- 
third to the finder, and two-thirds to the owner of the land. 

(íí.) If in waste unappropriated land (land not separato 
private property), the finder takes ajl, subject tu a claim by 
the chief, if it be public land of a Iay-tribe, or by the 
chnrch, if it be public land of a cleric-tribe to " one-third of 
every third." 

The position of the " daer," nnd " saer "-tenants, and their 
personal connection with a superior, is marked 1iy the rule 
that " daer "-tenants of a church give over to tlie church 
one-thirdof theirfinding; " citícr "-tenants of a chief give to 
their chief one-third, except in the case of bees found in the 
woste land, and in tliat case one-ninth; the " 8a«r "-tenant 
of the church gives over one-fourth, except in the caee of 
bees found in the waste land, and in this case one-twelfth ; 
the "8(Mr"-tenantofachiefgivesnoportiontothechief. Two 
other subjects are discussed in the tract, but neither of them 
are of such importance as to deser\'e a special analjsis. The 
first is with reference to injuries inflicted by bees, The mode 
in which this question is eonsidered is much less detaited than 
in the text anrl commentary of the Book of Aicill, and the 
matter is referred to the judgement passed upon the occasion 
u of the bleeding of Congal Caech ; the jtassage referred to in 
ihe original text is as followa : — " It happeneil on a certain 



ciir 



iirnioDLXTio.v. 



AmU find a swaxm of wUd bees is to have a peimy or the 
w&x ; aod the owner of the land ts to have tbe swarm."* 

No dearer Bxample can be desired of the esHential diífer- 
ence betweeii tlie Celtic luode of thought, appareiitly clear, 
yet really indefinite, wheD dea^g with a practical question, 
aud the hajd and logical habit<i of thougbt of the Normaii 
lawye>s (who were equally ignorant of the civii iaw), tban 
ibe following enactment of the A^isc of Jemsalem upon 
tlte Bubject of beee : — " Sci a%'icn che per aventura li- ape die 
aoono nelle mie casae vanno fora, et restano in altrui casse 
<le volunti di esse, la rason vol cb'io non babbia action 
aJcuna de and&r a prcnderle per forza de la cas^ d'altri ; per 
che sonno ucclli salvatíchi, per cbe toato chc lc usctmnno 
da le mio cafise, io no hó piu signoría in qucUe, se aon 
toniaDo ibL'nuii ne lc inie caese, et sonno mie mentre sonno in 
ditte mie canse, et oon piu; la rason de Biniil ucclli e cbe vanno 
ogni zomo fora per viver de li bcni de fora, et peró quclli 
cbe li hanno cbiusi Ín te mie casse eono sui patroni, mentre 
Toranno starc, ó ritomare ; ma ae alcun Wcn al mio loco 
dove tegno lc ape, ct porta iina cassa outa di dentro di 
qualcbe odore, per el quale intrano dontro tutte, o parte de 
le mie ape, et le porta via, la raMon commanda che quel ehe 
úurk qucsto sia tenuto di tornar indrieto le mie apc con 
tutto el fmtto che havcr^ fatto, et poi esser condanato 
persofialmcnto Bccondo clio li judici stimaranno cbe valevan 
qutille ape, et che potevan lavorai' per quel anno, et rcstituir 
altro tanto a la justitia de jure ; ét simiiimente se le mie ape 
fanno míel in altnii arborc, la raran judica ch'io non habbia 
alcuna rafion, nh alcun altro dol qual fosseno le ape, ma 
quullo deve esser ilt'l patron del arhore; et questo fe d) 
juHtÍtia, perche uessiin non puo segaar le sue ape che non 
aomegiiono k lo altre, et cosi came le viveno de li fiori, et 
beni d'altrui, cosi deve esscr il miel di colui, nell' arbor, o 
terreni del quale vuluntariamente vanno a farlo ; parimente 
sn lo luio ape a far el suo miel a qualche arbore salvatico 
che non ha patrou, la rason vole che cadauno possa prender 
di quel miel neiuia orrare verso alcuno, percbe fc loco com- 

' AnciíOl L*irs »1 W.lw, Vol, 1 1.. p. 28!«, 



INTRODUCTION. clv 

mune, dal quale de rason ogni homo puo'pigliar, etiam le 
ape, et portarle, dove li piace senza errai'e, de jure, et per 
Tassisa de ffierusalem."* 

It is impossible to believe that the author or authors of 
this tract and commentary (which has been manifestljr 
altered from time to time, amended, and enlarged), had any 
acquaintance with the civil law, and it must be admitted 
that, in its present condition, It is a reinarkable and most 
unfitvourable specimen of the manner in which the Brehon 
teachers approved and discussed legal questions. 



* Aflsise oí Jenisalem, see 215. What is most remarluible in this section oí the 
Assize oí Jerusalem is the distinct manner in which actual possession is laid down 
as the only ground for the ownership of bees, and the clear argument opon which 
it is founded — viz., that the ownership consists in simplv retainiog them in actoal 
possession, and is not foonded upon any expenditure of labour and food in their 
maintenance. The doctrine of constmctive posseasion which appears in the section 
of the Institutes is here disregarded, and therebj the difficultj is avoided which 
aríses from the limitations of the constructive possession introduced into the Roman 
text, ** Donec in conspectu est, nec difficílis p^erflecutio ejus est.** Also, when no 
actnal reduction into poasession has taken place, it is presumed to have been made 
bj the owner of the suil, as no one else could eoter npon his lands for the purpose ; 
and the casc of the bees being fraudulently induced to escape from the possession 
of thetr owoer is anticipated and provided for. Huw dlfficult it was to form clear 
ideas as to this matter app^ears for other attempts at legislation npon this sobject. 
Thus, in the laws of the Wisegoths was contained the following section : — 

** Si quis apes in silvá suá, aut in rnpibus, vel in saxo, aut in arboríbus in- 
venerit, faciat tres decnrias, qu« vocantur caracteres ; unde potius non per unnm 
caracterem frans nascatnr. £t si quis cohtra hoc fecerít, atque aliennm signatnm 
invenerít et irruperít, dnpliim restítoat UIi cui frans tllata est, et prsterea zx 
flagella suscipiat" — "• Legta Wingothorum,** Lib. viii., sit. tL, 1. 

The ownership is here founded upon the discovery simplj oí the swarm, and 
no rednction into actual possession was required ; and the question whether 
the person who so fonnd them was rightfnlly or not upon the place where the 
bees had swarmed is altogether overloohed. 

In the present tract the Brehon lawyer has seen the two distinct gronnds upon 
which the ownership might be founded, but has worked out IogicaIIy neither 
train of ideas, and concluded by compromísing both, with reference to a snpposed 
aoaloguus case, and in an arithmetical manner. 



niL 

cnnifin&i^» íS T mm'n^g wxsa:.. uar ^«HrrEsiDSisf €i:iiiiiwsdi£ wíA 
'úit Tot af 'wsaar. Inn oaii- lúi^ ii^* tRjBifiifa w&er «ecnirBefr 
!&ir i^ eaxiiicnusáaii nf ii£Iík. ioiil Mi^ s^£;%:IK *ci liít *^hó&ów 
o«niBn> ic.' 11»- mdL 3i£Ik iiOi^ %ú' 'Osxw w^sia- ipcm á»t mSl 
com»e snc paoL IQit BbHÍiiviL ikwytc:*' j^annmjBtA annme 
demroQf af cawcraaciucA ilHI :&: -rc^ztc ^dii^ níieiBmnrsii^fÍT 

«anqnílaanr pnrcáiuit libt^ rroiBif ^Mmsmar fcr a^ fiispa» 
*i^ia& -áit wmtt^ oF mjinr :& ±»1 jí^c&Z «i:iii^iemsttD» f út tiie 
maub. ^ £pBr3r tt:^'&Biifcafi if l:i:iizni tá- jtsraui lait •£dkier ch>- 
>i™gm«> -ii: crntftnra ask^wx wtíex Jicra3í> lií' ticvifirr^ «aí. 
* Att i^ xbfc iiBcaiic TTHMnttfr ii. láif^ B(di&~ j;v«idk w^um-ife 
Imí^mnnimiím^^'pBiniiL'tL iitiZ li^iuif i3:i:ixi£^ Lf^ i&k£ixuá wx 
"Ht:*- ^. d£> «L.^^ Tifti prziBb» ÍL c|iiissQaciL v:k^ ai ^ranr sRÍdEÍr 
MOÚíápBÚím of xiit nutuícr ' Iaxic OifcSfe^ Cao^iBaflúa 
jÉA^^'^^iecsfriiiri^ uriDi' in«aL -v^^^ 

liejoirBÍiMed.i^M' jcmainnx: :te: ^iuLi^i-xiiuseas v-lx-mka 
jmif castB^úsnaÁaaL igiaL i^Lit íiocifisaL nf i^ jnzrdi&M;. aaid 
"úit ligisíir fr«™p 17 Tniji"rÍBhanfir ci "ihw ízi i^ wci& v^m 
■^fnm pbaft n C<6rsÚL iuiás froiL iS^itíir mxnrt.. e:i&j£ nn bt 
£aiiginkian]T jur.uiir^c: ior iJm- jii2z^i<ic- oT 'úit ^tsroeúaL -aí m 
-vnTi -vvL., xiit ' nemftc ' -iihDc iá & cLizrcL. ^r 't lí a dniL or 
(S tiifr cinsm af & ííií^^^thsí Tht ui^or izziáentuvid liaa 
-fiiir TÍgtTT of Bcqniriiir iuic izc j^ w^c^ of jicliíir ToSBvf 
moB, ht jRfttrifttftL iw nueí' iriiidL wcinjc jirevtiiix a £fi^ 
-projianáaiiffBe TÍuiffCiaL ai jrrzvtíá tjAi cc hl txeeasv» 
ÍBcapwntffliri^ ul ilit jmltiii íxí^íí^ Tiif- uui'fnza of táif 
jmasAfit-iuaupv iar xiit iiaic %: \^ ikki{L ir&^ noi a^ nunr 
'ut «BÚrr amLciixctfecL ziif- f^miiftsi íií T-jjniaácin. tim irs;^ £iMÍ 
ÍL ^err t^aat ttt t m. tnntrtíí*- nut. uic iiit T«ri« fPi». tm 
juaasiZFtil m- Tei^reiit:! xi xiit l2:i.ííUi «;&kí!ii. uni tiit ists cff 
iiit: casnpiLUáarr laurnc ^^% i( >*t rciUiTHcnsu^^d i*fr a^ & qnfiss- 
-Lon Tim- L * «e^ " a: x«l * ?4iíng*Jií- ' va> 7*rfc}iit for 



ISTRODUCTION. 



clvi 



every farm through which the water couree was carried ; 
Home variation in the price was, however, permitted, having 
reference to the nature and value oí the land itself : " If it 
be arable land, thougb it (the water) sbould pass tbrough 
onIy half a step of it, it shall be paid for after thia nianner 
(that is, the price shall be ono " sed ") ; but if it be unprofit- 
able land, half a "sed" is its price, otherwise it ie a day at 
títe mill for every land over which it passes tbat is due for 
it,- 

Three classes of land are enumerated for which no 
compensation was payable, either ou the gi'ound tbat the 
owner of the land was benefited, not injured, by the construc- 
tion of the water courae, or becauae it waa evident that he 
incurred no damage whatsoever ; these are (Í), "landa on 
which a miU stands, so tbat it yield8 produce," which ia 
explained in the glosa as meaníng the land used for the con- 
struction of the mill pond, which afforded to the owner of 
the land a constant and abundant supply of water, or, 
according to another commentator, of fiah ; (2), a houae and 
close previousIy without a supply of water, and which, 
therefore, was benefited by thc mill-stream being constnicted 
elose to it ; aud (3), a trench usually dry, and used only to 
cnrry off the winter dminage, the owner of which was 
obligcd to pemiit its use witbout compensation.-f- It would 
have been fortunate for tLe Englisb public if the equitable 
considerations which in the Brehon law deprived the ownera 
of land taken for pubíic worlis of any compensation, if the 
conatruction of theso works resulted iu a profit, not a loss, to 
the owners of the land required, had been taken into con- 
sideration by modem legislators. Whatever bargain or 
aiTangement had beon made by any owner of land in con- 
nexLon with the conBtruction of a mill, a dam, or a bridge, 
becajne absolutely binding if acquiesced in duríng the livea 
of two suhsequent owners:{ " If they have been so acknow- 
ledged, it is right that thoy should remain so for ever, gratis 
or for payment, according to the Brehon."§ This passage 
very fully expresses the archaic idea of ownership ; the 



t P»e= íl^ 



JP.ge3il. 



SF«gesia 



clvÍÍÍ INTRODUCTION, 

o-wner was owner merelj for tho term of hia own life, as be- 
tween himaelf and his familj he waa in some aort ODly iv 
tenont for life, whose contract aa to the subject matter waa 
not binding upon his succcssor. This idea of ownership ís 
qmt« forcign to the English law, but is exactly what existed 
in the case of " substitutions " in the old French law, or in 
that of a Scotch tailzie. The English law ha* superadded 
to the power of dealing with propertj which is incidental 
to ownership, the conception of absolute ownership being 
pcriietual in ita duration, a fallacy which has exercised 
immense infiuence upon our rcal property law, and is the 
- hasÍB of our whole s^stem of conveyniicing. This rulc 
also is an instance of the applicatioii of thc principle of 
"limitation" of actions, which within only recent timcs haa 
bcen recognized as of paramount importance in our juris- 
prudence, The period of limitation fixed by this rule is 
during the life ot' the father and grandfather of the pei-son 
adected by it, and as the normal period of limitatioD in the 
Brehon laws ia tlio space of three gencrations, a subject 
sub8cquently discuaaed, it may be reasonabIy coucluded that 
the party who cntered into the original agrcement waa the 
great grandfather of the person whose right to object to the 
transaction was barred, and that thc father and grandfather 
had acquiesced in the acta of their predecessor, In a very 
obacure passage of the commentary we have an express 
statement that the period of Umitation was such &s we have 
mentioned, and tlie assertiou that the period of limitation 
did not mn as against a minor ; " If thL-y were recognized 
during the livea of thrce persons, they are lawful fi-om that 
forth. But if the son of the tliird man did not acknowledge 
tbem joÍJitly with his father, he being an infant, and in case 
he waa so, they sball not be lawful, until he shall have 
acknowledged thera, for the aame period after he has come 
to the age of reason."' The onIy explanatiou which can be 
suggested for this passage is, that the acquiescence during 
the three continuous livo.i was iiot the simple acquiescenee 
of the siiccessive owners whose hves are takeD into account 



Ui 



IN-TRODUCTIOS. 



clii 



Ín the computAtioD of the time, but tlie acquieaceQce of their 
families during their suecessive livea ; thus, Íf the owner (bo 
called) had a aon, both father and son must acquicace during 
the life of the former, and the son, who was an infant at his 
father's death, having been unabie during hLs infancy to do 
any act to bind his rights, was entitlcd after his father'a 
death, and for the same period aa he had lived as a minor 
during his father's life, to elect whether he would or would 
uot confirm the acts of hia father ; and if he allowed this 
apace of time to elapse without insbting that, by reason of 
his infancy, there had not been any legal acquiescence 
ciuring his father'a life, he waa estopped from relying upon 
the fact of hia Ínfancy. and the imperfect acquiescence during 
the fether's Ufe was validated by r^ason of the retrospective 
efTect of the son's subsequent awjuieacence. 

If the owners of the lands required for the constniction of 
the race or pond preferred to take certain righta in conncxion 
with the watercourae and tho miU in lieu of pecuniary com- 
pensation, they were at Iiberty to do so. 

llr. O'Donovan has atated hia opinion on this subjcct in 
hia note, which is appended to page 220 of the test, but hc 
does not appear to have realized the difficulty of applying 
tho first paragraph of the text to the right to grind cora at 
the mill, or to have attempted to reconcile thia pasaage with 
tho very explicit and detailed atatements of the commentator 
in page 217. The tract commencea thus: "There is equal 
right to the water drawn through the tribe landa dne to the 
landa out of which it is drawn."* What is the particular 
right dealt with in thia paasage ? Doea it refer to the right 
of grinding com in the mill, or to some other right incident 
to the water course í and is the mode in which this right ia 
to be exercised, or are the peraons by whom it is to be 
exercised, compatible with such a supposition í The rights 
of theadjoiningowneraare regulated inreferencetothegeilfine 
8y8tem,and the landa are divided into four classes correapond- 
ing to the four geilfine divisions. Mr. O'Donovan deauribes 
thia theoretical diviaion of the land to have been aa foHows: — 
• P.ge 209. 



clx 



INTRODLCTIOS. 



The land in wliich the iníll-race was Si-nt turned oíf, "the 
courBe," WRS geilfiiie land ; the land on both sides of the mill- 
race, down to the mill-pond, was deirbhfine land; the land 
surrouuding the pond was iarSue laud ; aud the hmd on both 
BÍdes of tlie race, froin the pond to the land, was the innfine 
land. It Í3 clear ín the text that the innlíne-land was the 
pond itaolf in which the water was contained, and that the 
deirbfine land was somewhcre between the source and the 
pond, and it is not certain that the author of the passage in 
the original test contemplated any water-course running 
&om the pond down to the mÍEl. It is quito tnie that the 
Ruthor of the commentorj at pn^ 217, dividcs the lands into 
fourclasses corresponding with Mr, O'Donovan's; but the 
question inay bo aslíedwhether he is dealing with the same 
Bubject matter aa the author of the first paragraph of the 
original tcst, The autbora of the glosses evidently did not 
understand the distribution of the lands contemplated in the 
original texts ; one gloss describea the deirbhfine land as the 
pond, and another apparentl^describes the pond as the iarfine 
land. But the patent objection to the first paragraph being 
considered as describing the righta of adjoining owners of 
land to griiid their corn at the nnll, is, that theroby there 
would be no surplua time left at the dispoaal of tho owner of 
the miU house, whose righta could not well be excluded frora 
consideration. The computation of time in this tract has 
reference to the working day.s of the week, and Sunday is 
kept out of the account aa an holiday ; if, therefore, each first 
day {i. e., Monday) belong to the laud out of which the water 
ÍB drawn, and three days are allotted to the pond, and one day 
to each of the remaining elasses, ^iz., the deirbhfi.-ne and íar- 
fine lands, the entire wcek would be divisible among the 
owners of the adjoining lands exclusivcly. Thia objection 
does not apply to the acheme regulating the mode of work- 
ing auch a iiiill contained in the commentary.* According 
to this rule the right to work the mill is divisible between 
8Íx claBses: (l) the well, (2) the ownera of Íand froni tho 
well to the pond, (3) the pond, (4) the owners of land from 

" Pngi: 217. 



INTRODUGTION. 



clxi 



iíe pond down, (5) tho artizans, and (6) the attendaDce ; 

'one-third goes to the land, and the thinga whicb belong to 
, and one-third to the science of the artizana, and one- 
I tíiird to food and rudc laboiir." The two latter classea, the 
I artizans and attendance, represent the proportion allotted to 
I the owners of the mill, for capital invested and current 
I expenditure ; the rotation is arranged with i-eference to a 
L period of three weelía, contaiuÍDg eighteen workÍng daye, 
I difitributed thu3 : — 



» 



WednenlBjr nad 

ThursilBJ. 
Priiia/ and Satur- 



Wodnosdaf 
Thur»diiy. 

Frldsjaud 8a 
d.y. 



It is clear that if the author of the first paragraph of the 
tract had conBÍdered the adjoiuing lands to have been 
divided upon this sy8tem, the pond ahould havo been de- 
scribed, not aa the innfi.ne, but as tbe iarfÍTie lands ; and in 
one of the glosses we, iu fact, find this correction made ; if 
the pond waa the iarfine lands, the two intermediate classee, 
viz, : — the devrbhfme and the iarfiiic lauds must have becn 
placed between the source of tbe water and the pond ; and, 
m before remarked, we lind iu the lirst pa^^ge no allusíon 
to any raoe from tbe pond to the mill. It may be su^ested 
that tbe first passage refers, not to the right to use the miU, 
but to draw watcr from the mill-course and pond — a privi- 
lege perhaps not of mucb value in Ireland, but one which 
the Brehon lawyers, to whom the rule " Be ■minvmi^ non 
airat lex" waa uQknown, would not disregard in their cal- 
culations. 

The present tract concludea with the following remark- 

tble passage ; — " There are seven ditches, according to the 

Feini, the injuries done by which are not paid for (though 

ich should be done by them), for every person shall be 

corrected (restrained í) by his Becurity, unless they have 

l 



olxii 



ISTRODUCTIOS. 



been inade free ; the ditch of a ' dun '-fort, the ditch of a 
'ciH'-church, the ditch of a fair green, the ditch of a mill- 
race, the emhanfcment of a mill-pond, the ditch of a turf 
bog (the hole caused by the cuttiug of turf), a diteh which 
Í8 at a hridge ; for, from this out {i.e., with the exeeption of 
these B]>ecified cases), each one pay8 for the ÍDÍury sued for, 
or caused by each ditch which one has made in his land, 
to hira who has sustained tho injuiy, for every surety shaJl 
be sued unlesa thesc exceptions have heen eatabliahod n» 
regards water. It vras thus that the eommon right to con- 
ducting water was cstabliahed by the Feini."* 

This passage states tbat ditcbes (ur constructions of any 
kind) are divisible into two claaaes, viz. ; thoae the ownera 
of which are responsible for the accidents arisingírom thcir 
construction, and those the owners of which are excmpt from 
damagea in that reapect ; the reafton why mill-couraes fall 
within the latter and the former class, is stattd in the gloss, 
viz. : — " Thoy are erections, conceming tbe construction of 
which authors have laid dowu no dcfined mode of con- 
atruction." AUtheditchesreferredtoaremade in the exorcise 
of legal right; and all, escept thc cutting of the bog, may 
be conaidered iii some degree as public worlta ; the cutting 
in the bog would bo an exercise of a right in common land 
in the ordinaty manner. Now the very principlc of damages 
in the English law, which would be applicable to auch cases, 
would be, that a person who had constructed any work of 
auch a nature in the exercise of a legal right, and with due 
care and precaution, woidd not be liivble for damages in re- 
spect of an injury which occurred to a third party, caused 
by thc esistence of the work iu question, or the legitimatc 
mode of uaiug it. Thia is thc point wliich was applied to 
Bailway Companies, in tbe case of the King v. Pease, i B 
& Ad. 30 ; the question in such ease is alway3 one of negli- 
gence in tbe eonstruction or uaing of tho work. This 
appcars to tbepoint takea by the author of the gloas, viz. : 
— that thorc was no eatablished rule regulating tbe mode 
in which the mill-course should be constructed — and that 



INTRODnCTION. 



clxiii 



I tho cnnstrnction being in itself legal, it was impoBSÍble to 

l.coDSÍder the mode of constnictiou a groun'l for damages. 

I The obvious raode of deciding the question by an issue oE 

t&ct as to whether the conBtruction in queation was or was 

I »ot properly constructed, and with all ordinary care, waa a 

Rcourse wbich would not recomraend itsolf to the Brehon 

f lawyeraccuatomedtotheu8eof distinctarithmoticalfonnulíe, 

ThÍ3 passage is intcresting, as illustrating how the Erehon 

law waa taugbt; in any modem system tho author would 

have laid down an abstract proposition, iUustrated it by 

particular examples, and fortified it by previous decisions ; 

and, thus having established bis general pi-oposition, would 

have applied it to the facts of the caae, then the subject of 

consideration, The Brehon Iawyer must have bad in his 

raind, however vaguely, some abstract rule witb reforence 

to whicb he classified a nuraber of individual cases ; having 

made his classification, be then instructed his pupils by 

8pecifying the resuit of the aual^sis, without communicating 

the principle upon which it proceeded. It is this mode of 

I dealing with lcgal questions, wbich, in tho case of the Brebon 

I law, creates such diiBculty and obscurity. Their works aro 

neither simple statementa of antecedent customs, nor a 

teaching by deductions from expressed general principles ; 

the logical procesa may be deaeribed as a series of enthymeme9 

with the major premisa suppressed ; but a careful examina- 

tion of many of theae paasages wiU disclose tho general rule 

upon wbich the author proceedod. The form of their worlta 

must have been dotcrmined by their original function,a8 the 

profesaional witnesses of unwrittcn custom; the decisiona 

pronouncod by them in cnses of the firat instance, would 

naturaUy fall within Sir H. S. Maine's definition of The- 

mistes, clearly illiistrated in tbe following pasaage : — " It is 

certain that in thc infancy of manWind, no act of legislature, 

l nor oven a distinct author of law, is contemplated or con- 

■•ceived oí Law has afarcely reached tlie footing of a cus- 

H'tom — it ÍH ratber a habit, It is, to use the French phraae, 

~*in the air.' The only authoritative statement of right 

iuid wrong, is a judicial decision after the facts — not one 



clxiv 



IHTBODOCTION. 



pre-aupposiiig a law which has becri vioLa.ted, but ono which 
is breatbed for the firíit time by a highor power into thc 
judge'a miad at the moiuent of adJudicatioiL" 

Tho pi'csent ti'a^t is a curíous instance of thÍH mode of 
dealing with novel questions, Water millfl wero introduced 
into Ireland by Corraac Mac Art, probably in the couree of 
tho third eenturj', and the rules referablo to tbúm could not 
have grown up until the uae of these conatructions had be- 
come common, and questions had arisen upon the sul'ject. 
Therc was therefore no antecedent cusboni ; nor was there 
any sovereign power capable of estahliahing a Iftw, in the 
proper sense of the term, upou the subject. The Brehon 
Judgc must have proceeded in such cases preciaely as tbe 
English Common Law Judges in a simiJar position ; tbey 
referred to a supposed aotecedent custom their decisions 
upon the novel caaes ariaing before them, and by a series of 
decisions upon particular instances, ultimatoIy created the 
materials fi-om which geuenJ legal principles might be de- 
duced, In the caao of the Brehon Judges the form of their 
decÍBÍons continued unaltercd, which the writers of their 
law trocts embarrassed themst'.lvcH by adopting, Tho 
scholastic logic was known to, and taught in the schools of 
the Irish ecclceiastics in the middle ages, but iu the Brehon 
law tracts tbere Ís not a trace of its influence. Tliis fiict 
may be attributed either to tho natural opposition of the 
representatives of the old customary law to the schools in 
which the Canon or Civil Law would bo considered as 
authoritativo, or to tlio mode of teaching natural to aii 
hercditary class of IawycrH, influenced by traditionai fomis, 
and desirous to rctaJn as a monopoly thc secrots of their 
lav. 

IX. 

PaECINCTS. 

The open spacc around a dwelling, which wasassumed to 

be within tho peace of the owner of the house, haa been 

referrod to in tho Book of Aicill, published in the preeeding 

volumc, with refereoce to the compcnsation pa^able by 



J 



tNTHODCCTION. 



clxv 



■ 
ft 



third partiee for acts of violence coininittied within it.* The 
author of the present tract proposes to state the extcnt of 
tho precinct with referenoe to every grade, both ljiy and 
clericftl, and to discusa certain queationB connected with the 
Bubject. The determination of the preeise extent of each 
precinct he attributes to tho decisions of a convention of 
the bishops, " oUamhs," chiefs, poeta, s^es, and seniors of 
Ireland, held at Sliath Fuaid in Magh Bregh, and alloges 
that the extent of the precinct úxed for each class, for the 
violation of which finea should be paid to the owner of the 
houao, was written by tho men of Erin in the great " Caa " rf 
the ancients. The unit in this calculation is the extent of 
the precinct of the lowest grade, entitled to enjoy the 
prívilege of sanctuary, that is the " bo-aire " chief, which 
was fixed in simpie and archaic fashion, Let him be placed 
at the door of his housc in his customar^ seat, with a. spear, 
twelve handti breadth long, from the iron head to the hom 
feriile; ao far as he couid cast it did hia precinct extend. 
This measurement of the limit of the precinct to which the 
ownor of the houae waa entitled, reats upon the Bmne 
prínciple of the well-known rulo of the " maritime lei^e " 
in intemational law, viz., that extemal combatants nraBt 
auspend hostilities when their further prosecution would 
endanger a neutral in his usuaj and legol phice of residence. 
The ordÍnaiy apear caat having been assumed as an nnit it 
Í3 doubled for the next higher grade in social ranlc, and so 
proeeeds by geometric progreasion through the five remain- 
ing ranlrs to the King, whose precinct is con8equentIy a 
circle with a radíus of 8Ísty-four spear casts. 

A King of King, i.e., either a provincial, or tho national 
King, had, by virtue of his rank, a precinct, independent of 
measurement, Íneiusive of the entire plain, or meadow, 
within which his dwelling atood ; and the same prívilege 
vaa concededto the Archbishop of Amia^h, as " Ooarb" aí 
St. Patrict. A difíerent method waa adopted in fixing the 
extent of the precincta of thc dwellings of eccleBÍastica ; in 
this case the calculation in based upon the extent of the 

■ Ai.i(Vo[. III., P.if;eH!l-14il. 



clxvi 



INTRODUCTIOS. 



greateat, and not tho smallest, precinct; to a churcb, " in 
which were the three grades of biahop, profeaeor, and archin- 
iioch," approximatcly translated in tbe t«xt, a " eathedral." 
belonged a precinct with a, radius oí two thousajid jiaces ; to 
a biahop, a saint, or a hermit, one of one thousand paces, " if 
it be in aphún," that is, inclusive of all the open aurrounding 
space to tho maJtinmm extent of one thousand paces ; tlie 
precincU of the lower ecclesiastics diminisheJ in the same 
ratio as their respective " honor-prices." The ríghtof pro- 
toction waa one accorded to tho owner of tho house for his 
own benefit and Becurity ; it waa not a right of the fugitive 
who required protection ; it might, therefore, be waiveil hy 
the owner of the house, who was not bound to conecde its 
benefit to a stranger, and if it were violated the result woidd 
be that damagcs should bc paid to the owner of tbe houso 
8o]ely. The position of the two extem hostile parties was not 
altered by the fact that the fugitive succeeded in gotting 
within the precinct of a third party, and tlierefore the owner 
of a precinct, iis the condítion of the inviolabilitj- of his own 
household, waa bound to secure to the purauer the legal re- 
dress to which he was entitled ; this ap|>ears in the foUowing 
passage, " What is protection as to reciprocal rights? be^ 
cause there is no protection without ofler of law."* The 
right to the bencfit of the rule as to the precinct was there- 
fore Buspended if the owner of the house i-efuaed to ^ve to 
the pursuer the neces3ary guarantee. The protection 
affoi-ded by the precinct naturally oxtcnded not only to the 
fugitive, but also to the property brought by him within 
the limit. Damages for tho violation of the precinct did not 
arise sole!y from the foct of violation, but uotice that the 
place in which a porson waa seized, or propertj recaptured, 
wfts within the limits of the precinct of a third party, 
was requisite to make the act otherwise justifiable a wrong 
as against the owner of tbe house ; for among the cases ot 
oxemption is placed that of " ignorance," which is defined 
(with reference to some knowu case) as the seizure of cattle 



• PagB 233. 



INTBODUCTIOS. 



clivii 



iinder protcction, in the belief that they 'were not under 
protection ; which must mean, in ignorance of the fact that 
they were within a precinct.* 

The two other caaea of what is called " exemption," that 
Í3, non-liability to damagea for actuol violation of the pro- 
tection, are unlawful protection, and forcible violation ; the 
former excoption is free from difficulty, and applies to the 
case of the owner of the house refusing to fulfil his recipro- 
cal duty of guaranteeing to the pursuer his legal rights ; the 
liitter Í9, however, not so cleaj ; " forcible violation " of the 
protection of a precinet Í3 the very aet for which damages 
are payable, and, if thia expression be refened to the pui- 
suer, it would follow that the most aggravated caaea would be 
exc^ptions to the rule. The onIy othor to whom the 
" forcible violation " could be referred would be the fugitive 
himself, aud it is auggested that the caae contemplated ia 
that of a fugitive refused protection, and himself forcibIy 
eutering the precinct. The construction put upon this last 
meutioned passage ia strengthened by the fact that the 
succeeding paragraph aaaumes that the protection to be legal 
must be aasented to by the owner of the house, or some one 
on hia behalf.t 

Tho assent to tho entry of a fugitive within the limits of 
the precinct must have been given by the head of the house- 
hold himself, or by some member of the family aa his agent, 
and on hia behalf. Hence his firBt wife and his unemanci- 
pated 8on,í or even an emancipated son or any peraon of the 
famil^ could receive a fiigitive. A very clear diatinction as 
between expreaa and implied agency ia drawn in the test 
with regard to the reception of fUgitivea by persona other 
than tbe head of the houae. If the protection is accorded 
to the fugitive by any member of the family by the express 
direction of the head of the houaehold, fuU honor-price was 
payable for Íts violation; but if there wero no express 
direction given for the reception of the fugitive, and a mem- 
ber of the faniily acting on behalf of the hoad of thc houao- 



• PBge22a 

t Pago 2S1, lut «e n 



t Poge 229. 



clxviii 



INTBOODCTION. 



hold received him witliin the protection of the precinct, the 
araoHnt of the honor-prico payable for the violation of thc 
protection was diniinÍHhed. in aceonlance with the more or 
lesa intimate relation of the head of the houae to the person 
wiio had asaumed to act on hia behalf. The peroon, who, on 
behalf of thi! hoad of the household, as his agent either cxpreaa 
(ir implied, received afiigitive, wa« nover entitled personallj 
to aiiy damagefl for the violation of that protection, which 
he could not have given in individual capacity. Thia implied 
ngency extended only to those mcmbers of the household 
" who had no cxpectation of separattnn froni the head of the 
house,"* thns a mere armed retainer or mercenary soldier 
temporarity residciit in the house c^uld not act on hehalf 
of the head, nor could a person himself a fiigitive under ^ro- 
tection ; as to these caaes then is cited in the text the old 
rule : " Sanctuary of Ba.nctnary ; one pilgrim doea not pro- 
tect another ; no onc is entitled to fineB for the violation o/ 
the proíecíioíi of hishiredsoldiers." It wouldboattríbuting 
pcrhapa too much ingenuity to the Brehon Lawyer8 to believo 
that they worked out thcse rules by refercnce to the doctríne 
of implied ngency ; it would bo more safe to conjeoture 
that at an early period a fiigitive niight bave been received 
into tlio protection of the houaebuld by any of its members, 
and subsequently their action was cxplained as being as 
that of implied agents of the head of the hoiisebold. 

The amount of damngeB payable in respect of a violation 
was varied with reference to tlie elements which entcred into 
nJl auch calcidations, such as the extent of tlie violcnce uaed 
towards the fugitive, and tlie ranks of the fiigitive and of 
the pcrson whose protection was violated. 

The number of the peraons who could at the one time be 
i-cceivcd into sanctuary waa neccaBarily limited ; the pursner 
could not be expected to yield to tbe claim to protect 
fu^tives, uoless the owner of the pi-eeinct coiild himself 
restrain thein from departing, ae otherwise hia guarantee 
that justice should be done would be nugatory. The 



i 



IHTRODUCTIOU. 



clx: 



number of fugitives who could at one time be rewived into 
protection was therefore limited to twentj-aevcn. 

The churcli claimed to exercisea more estended protection 
than waa accorded to the laity : " It is safe fur her to pi-ot«ct 
liefore the terms (specified times) without offer of law ia 
either of them, and to protect after the terms with offer of 
íaw, and to protect againat death and unjuat fines alwaya."* 

The nilos with regard to the precinct, and the protection 
thrown over fugitivcs by the head oí the household, would 
Keem to be a aurvival of earlier ideas roodified to meet 
the circumstances of a denser population, and the clainis 
of the ministera of the Christian religion, There must 
have been originally soute distinct and syniboUcal act 
by-which the fugitivo was removed into the protection of 
the house ; if this was connectcd with the ancient pagan re- 
ligion.it mfty have fallen into diause after the introduetion 
of ChrÍ8tianity. The original poaitioii of the fugitive ia thus 
desciibed by Mr. Hcarn : " Another division of the same 
clasa (the dependents of the fami]y) conaisted of refugeea, 
e3pecially rcfugees for homicide. It soems to have been an 
ancient belief thafc the atain of human blood, however in- 
curred, required purification. There was al.so tbe danger of 
the blnod feud from the líinsmen of the decenaed. The 
homicide, therefore, generally íled from his home, and sought 
a peraon who could purify him from his ain. and alao proteet 
him frum the avonger of blood. If auch a suppliant applied 
to the HouHe Father in theproperform, as recognized by the 
Houae Father's worship, and addressed him by the pruper 
adjuration,such a request could not be refused. The stranger 
had brought hiniself within the protection of the House 
Spirits, and they would resent any wrong done to tlieir 
auppliant. Away from hia hearth itideed, and without the 
appropriate ceremonial, the House Father might at his 
pleaaure grant or rtífuac the mercy to any person who aued 
for it. But tho BUppliant in the technical 3en.se of the word, 
the UÍTin: or the man who came to the holy hcorth was a 

• P»ge 236. 




INTBODL'CTION. 



different case. Hini tbe House Father was bound to r 
and when he had rcceived him, the stranger was iaitíated, 
and hecame, at least for the time, a uieiuber of tbe house- 
hold."» 



DmsioNS OF Lanhs. 

ThÍH tract Ls an attempt to fix aritbmeticaUj the value of 
a cumhal of land (rtp cumaile). having reference to tho 
quality and advantnges of the land in question. Arable 
land ia divided into three classes — (1) Srst-class arable land, 
(2) hilly arable land, (3) labour-requiring arable land. A 
cumhal of the first class is valued at twenty-four milch 
C0W3, of the second class at twenty milch cows, and of the 
tliird-class at nixteen milch cows. Weak land, which may 
be understood to mean land fit only for graidng, is also 
divided into three classes, viz., — coarse land, weak land, and 
deep land, a cumlial of which respectivel^isvaluedattwelve 
dry C0W8, twelve {q. tcn) dry cows, and eight dry cows. The 
tract then considera tho extent to which the value of aBy 
cumhal of Íaud is increased by what wcre considered as its 
accidental and cxtrinaic advantages, such as the existence of 
a wood or mine upon the land, its fitness for the crection of a 
mill, or ita facility of approacb, or nearness to a highway, 
Each of these accidents is taken into account to increasethe 
value in a certain ratio, and the vatue of any given cumhal 
of land Í3 to be eatimated, having reference to both the 
quaUty of tbc land and its accidcntal advantages. 

Upon the first view it might appear that the whole tract is 
but a piece of aolemn aríthmetical triflíng, auch as tbe Brehon 

" Tho Arj-an Honsehuld, p. 109. The <am " drrgníint," whicli occnrs [d " The 
DívíbIdiu o( tb» Tribc of ■ Territor;,'' (poge 385, L 15), hu been preTÍoiul; rx- 
pldDedln aefonluice iritli llie gluu upon [b*l passoge; batlhe existeoceof ■(']<» 
uf inemlwn ot • fimilf , deiiriveJ of thelr íand u ■ conseijuence of hDmiijde, I> au 
imiiBn>l B fact that it migbl bc plannblj Baggesled tbil Uie " derg^ne' indnded 
uri^n>11y tbe ItiTm >4mitted iaUi ths funily, anú vben tbe oríginal tighti 
CDimected wilh thcir itdmisúon h^d become obwlete, uid the cuslora, whicb 
moit biTe been ■ late one, of farfeiting (1« UM tbis very inaccurate phnse), 
the landiut ■ «rongdeer hiui been introduoed, the tenn (derggGoc) Wiu appliedin 
Ihe wiy ia whícb Ibe ■nthDn of ttae gleoMB underalood it to be UBcd. 



ISTRODUCTION. 



clxxi 



!awyers loved to ezerciae their ingenuitjf upon ; but a Uttle 
consideration will prove that there is a. practicol basia for 
this appareiitly fantastic estintate. That the estimate b not 
of the character of a modism tenement vahiation is obvioua, 
for it applies to a state of aocÍety in which taxation waa 
untnown, and not even its author could have anticipated 
that the price of land, when actually sold. could be regu- 
lated in this nuurner. To understand the meaning of this 
tract, itmust not be forgottcn that in ancient Ireland there 
waa no currency or established standard of value, and that 
all mercantiltí transactions were carried on upon the tboting 
of simple barter. In sueh a condition of the market liow 
are the relative prices of articles quoted í The existence 
of a tised standard of value mcans that the value of all other 
articles b estimated by the amount of them which can be 
purchased by fixed quantitioa of some one selected com- 
raodity. Any conunodity may be aelected as the norraal 
standard, our hahit of aelecting gold or sCver ainip!y arising 
from the fact of their indestructible nature, and the a 
tion that their value in eschange b invariable. 

When we speak of the penny loaf being larger or sraaller, 
we mean that the amount of bread wliich a penny wiU pur- 
chaac has increased or haa diminished. When we state that 
a pound of tea costs two ahillings or five atiillings, we mean 
that the amount of silver which ia equivalent in exchange 
to one pound of tea ia greater or less. Both atateraents 
merely express the ratio which the value of a commodity 
fluctuating in the market beara to the value of ascei-tained 
quantitiea of a coramodity aasumed to be fixed ín value. K, 
however, there exists no fixed atandai'd of value, how is the 
price of any commodity to be stated ? Thia difficulty waa 
met by the ancient Irish, m by every other people under 
similar circumstances, in the following manner : — the aotua! 
amount of any article brought to raarket, or handed over to 
another person, is fixed by a certain unit which depcnds 
upon the mode in which the article is dealt in. Slaves and 
cattle would be counted by the head ; raetal by the uaua! 
weight of the bars ; and fann produce by the forra in which 



clxxii 



INTRODCCTIOS, 



it waá offered for snle. Tlms at the preaent day wo deal in 
80 nianv hcad of cnttle, barrels of potatoes, or aaclcs of corn. 
Here the (lifficulty arises how to express the ratio which the 
value of any nuinber of cattie bears to any given numbpr 
of aiLclts of eorn. For this pnrposo an abatract measure of 
value Í8 invcnted, whicli is roughIy estimated to be repre- 
aented bj a certain aniount of each of the articles ordiiiariIy 
brought to sale, and a given quantity of each article having 
beea fixed as representing this valuc in exchange, the several 
quantiticB of the difibrent articles are ^pposed tobe equal 
in value to each other in the normal condition of the tnarket. 
Afl Ín the present day, in remote conntry districts, a man 
who pfty3 for the grazing of so many cowa may talce it out 
in the grazingofshcop or gease, each cow being represcnted 
by a cu8tomary number of the smaller animals, so in ancient 
Umes the value of a cow would bc considerod aa oquivalent, 
for the puq>08e of exchange imJer ordinary circumstances. 
to so many sheep, geese, &c. 

It has been frequently remarlied that in primitive aocieties 
the rulo of aupply and demand haa almost no existence, 
and that the same price will continue to be paid for the 
aame article during very long periods of timo, and witliout 
regard to whnt are caDed mercantile conBÍderaíions. As long 
aa this mode of dealing is applied to articles which can be 
sold by measure and weight, and aro of the same average 
qnnJity, there is no difficulty in worliing tlie aystem ; bnt as 
aoon as an attempt is rnade to apply it to land, the diHiculties 
involved becomo apparent. Land can only bo sold by re- 
ference to its superficial estent, but tho qtialities of any 
two pioces of land if the same acreage are very different, 
and theroforc their value in exchange cannot be tlie same. 
How, therefore, can the value of any piece of land be cx- 
preaaed wíth reference to the imaginary standard of value 
to which allotherarticleaaroreferred f Thia is thequestion 
whicb the author of this tract attempts to solvc, viz. : — 
What is the pnr of eschnnge of land in the mnrket witli 
reference to the other subiecta of exehange ! That he 
should fail Ín doing ao in nny practical manner was inevi- 



INTBODCCTION. 



clxxiii 



table, for the questáon was, in itfi essence, insolublo; but be 
adopts the only resfionable mode of approacbmg the question, 
and bfLndlos tlie matter with considerable aouten'ess. He 
asBumes as the base of his calculation a fixed measure of 
land, which he defines as the land-cumhal ; he then 
dividea Lmd with referenco to fertiUty or fitnesa for 
pasturage, and brings out tbe result in cattle ; he thcn 
considers the accidental qualities of any particuiar land, and 
trcats them as raising the value in a certain ratio ; the 
valuc of any land in exchange would thus be represented 
by a certain number of cunihals in cattle, irreapective of 
tbe actuai acreage of the land. 

Thc basis of thc who]e caJculation resta upon tbe super- 
fíciaJ extent of & cumhal of land ; and t)ie commentator 
naturaOy appends a table of the auperficial measurements 
upon which his calculation ia founded. " How is a tir- 
cumaJIe measui'ed V' By grains ; threo graina in a proper 
inch ; six inches in the hand ; and two hands in a foot ; 
six feet in a pace ; six paces in an " Íutritt " nicaaure ; six 
" intritts " in a " lait " measure ; aix " laits " in a " forach " 



The tir-cumaile would seem to be Beventy-two squai'e 
forach-measurea, The following table represents the state- 
ment of the text : — 



inch. 


haniLi, 


feol. 


pacea. 


intritt». 


Uit» 




1 


6 


1 


12 


2 


1 


72 


12 


6 


1 


«2 


72 


86 


6 


1 


2.S92 


isa 


aiG 


3e 


6 


1 


16,662 


2.5n3 


,« 


2ie 


36 


G 


' 



If we assume the foot meaaure to be practically equiva- 
lent to the modem foot, the " tir-cumaíle " wuuld bo sbout 
285 acres ; on the otber hand, if the forach-tneafiure were 



clxxÍV ISTRODUCTION. 

equal oiily to 144 feet, ns would appear to be atated in the 
passage referred to in the note to tho test, it would be 
equivalent to about 10 acres. Tbere are no mt'ítns aflíorded 
by the text to enablG us to expresa any definite opinion an 
to which of these quantitiea is the coiTect reeult, and it would 
be inconsistent with the ohject of the preface to discuse the 
question generaUy with referencc to other and extraneous 
authorities ; nor, perhaps, could sucb Ínquiriea lead to any 
deiimte result. 

The ingenious mode of calculating the value of land 
devised by our author, could nevor have becn pra«tical]y 
applied ; the term " tir-cumailo " originnlly meant, and 
probably alwa^s contiuucd to mean, " tho land of a 
mnnJial," and when so used, nece3sarily excludcd the as- 
Bumption of the land l>cing of any fíxed acrcage. Mr 
0'Curry considers the phrase " tir-cumhaile," a« much land 
aa would suffice for the grazing of a cumhal of cattle, aiid 
thi8 may have been the ordinary sense in which the term 
was used. 

XI. 
Tbe CiiiTU Gabhlach." 
Thia tract has received especial attention from Irish Anti- 
quarians, inaamuch aa it profeasea to give a detailod doBcrip- 
tion of the several social ranlcs and organization of the 
Iriah tribe. Mr. 0'Ciirry has, in his Loctures on the Manncrs 
and Customs of the Ancient Irish, adopted this treatise aa an 
authentic and archwic work, and without liesitation ac- 
cepted its statements as a sufficient authority for hia detailed 
account of the earliest form of the Celtic tribe system. Dr. 
W. K SullÍvan, adopting tho views of Mr. 0'Curry upon 
this subject, attributes the dato of Íts composition to the 
middleorend oftheseventhcenturj'. Before any discuasion 
as to tho natui-e of the work and the conclusions which may 

• Mr. O'Curxj, ihortlj- be/orehii dfdth, Mviied anil correctrd hia pMVÍona trans- 
lntinn of this Inct, nulUug in(iDy iiii]>arlant altvnitions luicl cmFndationi. Tfaia 
rcvised addition hu be«ii eDtruitliMl ta th« prcNmt cdilocs, nud dd bU occssion» the 
Uter and mora matnred text of Hi'. 0'CuiTj''e tcanslaliun haa heen lollowed in tbe 
preaenl Nlltlos, 



INTEODUCTION. 



clxsv 



be (air1y drawn from its statemeDts, it is neeesaar^ to con- 
Bider the probable date of its composition, It must be firat 
remarfced that it does Bot consist of an ancient text with 
H.n annexed commentary and expIanatoryglossefl, but is mani- 
feBtly written throughont by an author according to a definite 
plan, and that to the later lawyerH who may have made 
use of it, it presented no archieisms, either of custom or lan- 
guage, which requircd special comment or ex]ílanation. The 
most important passage, as indicating the probable date of 
the compoaition, is the atatement relative to the four rights 
to whieh it waa proper that a iííngshould pledge hia people, 
the first of which Ís stated to be " a right to holp him to 
drive outforeign races, i.e. against thc Saxous."* Assumiog 
that these latter words are not a gloas which has crept into 
tho tcxt (and there is no reason to believe that they are), 
the date of the work must coincide with a period at which 
the Saxons were regarded as the enemies pur exceltence of 
the Irish people, and not merely aa a hostile, but aa an in- 
vading race. It is obvioua that no Irish wi-iter would have 
BÍngled out the Saxons as the special enemies of the Iriah 
during the period covered by the Daniah invaaiona, nor aftcr 
that dato until thc Saxon had, in the niind of tho people, 
been subatituted for the Dane as their natural enemy. The , 
date of the work must therefore be either before the end of ; 
the eighth century, or after the English invasion, the períod 
covcred by the Danish invasions being absolutel^ excluded. 
Tho early relations of the Irish and Saxous wereof themost 
friendly character, and naturally so as the Irish were then 
bu3ÍIy empIoyed in plundering, and perhapa to some extont, 
conquering, thcir chriatian and Celtic neighbours across the 
channel. This pomt isthusdiscussedb^Dr. W. K. Sullivan, 
in the following passagoof his prcfacetothe Lectures of Mr. 
0'Curry : — " The common object of attack, Roman Britain, 
brought the Irish and Saxons Ín contact at an early period. 
And this intercourse was, on the whole, of a most fi-icndl^ 
character. . . The hostility of thc two peoplca appears to 
have first arisen in consequence of tho quarrels between the 



clxtvi 



INTHODUOTION. 



Irisb Anil Saxon churohe«. Political caiises helped to de- 
v6lop this hostilitj as soon as the Saxon dominion exteuded 
Éo the noi'th of England, and the Saxon kings of Northuni- 
bria came into direct coatact with the Scotíc kingdom es- 
tattliahcd 'm Scotland. The wars carried on by the Saxon 
kiiigB against thc Scots aiid Picts involved the Irísh in the 
quairels of their brethren in Scotland, and led to the ravag- 
ing of the coasts of Ireland by the Sasona. Venerable Bede 
records an expedition of this kind aent in the year A.n. 684, 
by Ecfrid, King of the Northuiiibriana, under a commander 
tuuned Beort, ' which miserab]y wasted that harmless natiou, 
whidi had been alway3 mOBt &iendly to tbe English, inas- 
much as in their bostile rage they spaied not even the 
churchos or monaiiteriea' It is in the seventh centiu^ that 
WB find mention for the 6rat time of tlie Saxons as enemies. 
The firat notice of tho Danes or Norsemen occurs in 790, or 
more correct1y in 795. Aiter that date, and imtil the arríval 
of the Normans, the Danes alone are mentioned as hostile 
foreignera, TIiis circumstance is of very great importance 
in connexion wíth the <late of the law tract, the Critk Gaii/i- 
lach." Aftcr citing the passnge above referred to, he pro- 
ceeda : — " If thís examplo be not an intorpolation of much 
later times, it shows, takcn in eonnexion with otber circum- 
atajices, that the important document in fiueation lielongs to 
the period anterior to tho Viking expeditions, and in all 
probabí]ity to the middle or end of the seventh century."* 
If this view of the meaniiig of tho passage be correct, it fob 
lows that one plundering exjredition against the Irish sea- 
board 80 profoundly atíected the national luind, that the 
Saxon was held by the ppople as a national enemy to be ex- 
pelled from the island which he had invaded. No allusions 
to tlie Sasons aa such cnemies are cited from any of the eariy 
Brehon Law tracts or popular romancee ; no act of hoatility 
save one isulated plundering expedition ia referred to ; and 
it is to be remarked that after thia event the Saxons at least 
were ignorant of any bostile relations cxisting between them 
and the Irish ; Bede reprobates the expedition as a wanton 

'MuinerB aiiil Cualoiuí, iic,, toL Í., [i, xuvL 



ISTRODOOTIOÍí. 



clxxvii 



I 
I 



atta<!k on a frieiidly uation; B,nA at a later date AÍcuia wea 
of the Hamo opinion, when, in a paasage quoted by Dr, W. 
K, Siillivan, he described the Irish as " gentes Scotorum in- 
Docuas Anglis, et semper amicas."* The paaaage of the tract 
referred to would rather lead to the conclusion that the date 

'ThBdsCalla ot Ihb rsid, 119 riilslisd bj Ihe urigiuiil HuthoritiBs, ut aprootrithcr 
of thu frÍBodlj terma irhlch ilwajs aubaistid betwetjn tbe Iwo natioiu, th*B th«t 
ita cesult waa lo oatiblisb pcnniaeDtlj-hiMtile rel&tiuns. The eatire puugo in 
Bsda is u fallows : " In the ^esr uf nor Lor'A'a inmrnstioii 684, Egfrid, Sjng oí 
tbe Ngrthurabrisiui. Mndiag Bcnrt, his generitl, with an anny iuto Ireload, míser- 
aliljF wuled thitl barmleu nation, which hod alwnjs been most /riendlf t« tha 
Engliih i inwmucb that in theii bo«liIe rsge they apar«d not even the cburches or 
tbe laonuteries. Tbe ialanders to the utmost of theii |MWer lepcllBd furoe «itli 
torce, ond, imploring the isjiiatiuiee of the Diffine ineicj, prajed loug and ferveDtlj' 
f or vengeaoce ; and thougb such is curse cannnt paaaeu the kingdam of God, it 
ia belleved Ihst thiiae who wers jiisllf curscd aa occount of thelr implet]-, did 
soon saHer the penaltj of theii guilt fiom the Bveugtng hsnd of God ; for tha 
very oext ye»r thst aaine ting, roshlf loadiu^ his araiy to rsvíge the prorinces ol 
the Píets, much against the advicc of hia frieuds, aud particularlj of Cuthbcrt of 
blessed nwmorj, nbo had beeii lalel/ ordained bisliop, Ihe onemj made shuw u 
if thej fled, aad the kjng waa drawn into tbe sliiiíts of Inaeceaaible mnaat^oa, 
and alain with the greutet part of hia foicea, on tbe 30th of Maj, in Ibe lOth jBtr 
of his nge, and tbs 15IIl ot hÍBrelfpi. Ilia fiionda, aa bl>B been snid, adviscd hbm nat 
to engoge in thia wai \ bul he baviag the jear belore relaaed lo Uclea tu the most 

harui, it wss laid on him iia ■ punlshmeut fur bis aia, that be Bhould oot naw 
tt^ard thosei who wuuld have preveated iiia deilh." — " £aUnailÍail Uiitarj,'^ 
Ub. IV., t M6. 

Ths Saxon Ohionicle stat«i — " A.D. 884. Here in this jeai Egfcid aeat an »1117 
agaiuBt the Soits, and Beurc. hia aideimaa witb il, and miaerably thej pluadersd 
■nd buioed the churches of God." 

The Ssxons at leasl couaidercd Ihia raid a nn, and believed the king*s sutiseqaeot 
dealb WKs a sígnal Divine chastiaemeot. 

The lultowlng la tbe Blatemeot io the Four Msnlers : " The age of Cbriet G83, 
Ihe lCHh jear of irinschu. Tbe dcvaataljon u( Uagh.Brengb, butb churvbes 
■nd líiriloriea by tha Saiona, m the moath uf Juue preciselj ; aud Ibcj aurÍBd 
ofl with them maay boslflge», with mauj other spoiÍB, and afterwacda WBOt lo 
lhen->hi|H-*' 

The aune raid ia meotiuned in the AntialB uf Ulaler undei the yeai G84, and io 
the Aunals of ClonniBcDaiie ondei the jeai 680. 

Tbe caplives t»ken upon Ibe occajion of tbis mid were raatored bv tbe Saxons : 
"Adamnan wentunlo the Saxonatareqaest[a niBtitutÍDU of] tbe prlsooeis, nhum 
the North Smtons hiul earried off [roni Magh Bresgh the yeBr befoie mentioued ; 
be obtaioed a reatituliuo o[ them, afler bavlng performed miiacles and wonders 
bífora tbe hosta : aud lhey afteiWBrila gavo bim great bonoar and reapcct, togrlher 
-witíiafaUrestitutiuaof everytbing he asked ul ihem." Tbo FmirHaaten, Vul I., 
n. sm. The Aonals ul Clonmacnolse, undeitbeyear G8G, Btatos that, "Adamoan 



clliviii ISTBODCCTION. 

of the work must be Ivought dovn to Bome dato eSler the 
EngHBh ÍDvasioQ, uii1«sa there be int^mal evideace which 
would reader such a conclusion improbable; and, if the dato 
be 90 fer poetponed, it niost be referred to a period consider- 
ablj subeequent to tbe Sr»t invasion, to tbat at wbicb all the 
Irifih tribes stood in a hoetile poBÍtion to the Ejiglish Jting, 
and the invasion was at length fluccessfully ehecked, or at 
the earlieat date, to the first quarter of the fourteenth cen- 
tury. 

There is also intenuil endence wbich, independentlj of the 
paesage referred to, would lead to the same concluaion. 

The nioat remarkable change in tbe organization of the 
early Irish Cburch was the substitution ofan episcopal for the 
monastic system. In the earlier form of cburch govemment 
the abbot, not the bishop, was the ruling eccleslastic ; tho 
" coarb " of the nriginal saint was the head of the ecclesiastical 
tribe; the j)re-eminence snd territorial JurisdÍction of bishopa 
arose at a dato long subsetjuent to the commoncement of the 
DaiiÍBb iuva^ioa. Is it probable that a treatise descríptive 
of tborauksof &ocÍety, if writtenduringthelifeof Adamnsji, 
and tlie vigorous exiatence of the Columban monasteries, 
would omit anyallusion toanabbot, andspeakof the bishop 
as travelling " for the good of tho churcb and the teiTÍtoij," 
and as of rauk equal, if not superíor, to the kiiig of tbe 
tribe ? There is further no aUuaion whataoever to the 
geilfine sy8tem, nor to the geilfiue tiaith as repreeenting his 
" tÍQe," luid therefore an important item in the social sjstem 

brought luuk lixl/ ciptivcA to UeUnd." la the Anaili oí Ulster, aadec tbc uma 
•f«*f, ther» \» ■ ■ImlUr ■tatflmcnt 

It (btrvfore ■ppcani Ihat Ibla Ínvuioaof the SaxOD UDonnted nier«lj to ■ rud 
B oD{[ Ihe cout lnt»»D tho riveia hÍBtf and Boj'ae ; Ihat ali the reaLitutíoa 
Muglit by Adamnaa on bchall ot hia «ouatr7 Wá* Ireel; accorded i and Uut Iha 
loroad wai regarded by the Engliih as ■ giaful rioUtloa of tbelr írieodibip vitli 
■n allied nation. And It tha moie rviiBrliable tbst upou fais retura to Ireluid 
Adunnui aucceedcd In inltAlucUg lnlo IrelaDil the Roman mtde of computing 
Euter, whicb provM thal st Ihat dat« Iba Irinh cheriilied ao peculiu' feelings oí 
ulinoaitj towtinl tlie BDgliib er tbeir iiuolaaiMtiUBl u^agBS. (5w S»la £oc. nUl, 
m. V; C- 15.) 

All tbe above raferencea are caDtaiueil jn Ihe nute« to Di. O'DoaDvan'B editioa 
of ibe '' Foui lliistert.'' 



I 
I 



J 



ISTBODOOTIOS. 



ft veiy remartable omíssion in a treatLse of tbe chftracter 
of tlie present. The condition of 80ciety exhibited in thia 
work is that of the tribe By8tem in atate of decay and 
decadence, and rapidly tending to a«aume a feudal form, 
The nimple freeman lias sunk to the condition of the Saxoo 
ceorl; thetribelandshave, toagreat extent, if not alto^ther, 
been monopolized by the noble clasaes ; the political power 
hse paased into the hands of the chiefs and greater noblea ; 
sll classes, from the highest to the lowest, are bound together 
by the senii-feudal bond, founded upon the syatem of lending 
out cattle ; all classes are rated for the payment of trihut* to 
their superiors ; and the baaÍH of society seems rather to be 
personal service than the common righta of the memhere of 
the tribe. Except for the survival of ancient terma, and aome 
archieic rules and peculiaríties arísiog from the absence of a 
oÍTcalating medium and the materíal conditions of the 
people, the conditíon of the country, as thus described, wa« 
not very diSérent from that it exhibited in the Ia«t centiiry. 
This Ís the opinion of Mr. 0'Curry, aa expressed in the 
follovrÍDg paasage : — " It ia not very ea^ to tranalate into 
modem language the technical tenns of the ancient law of 
lAodlord aad Tenant; biit a very well matured Bystem 
existed at a very early period indeed, nnder which, altbough 
there was no such thíng as absolute property in land io any 
individoal, stiU, witbin the tribe, individoal» held excluAÍve 
property in land, aad entered into relations with tenanta for 
the nae of the land, and these again witb undert«nant«, uid 
BO on, mnch as we see in our own days. Now theite relationa 
oonstitute the Srst test of rank and condition. Tfae FlaiUi 
— a word in some sense may be tranalated the Lord or 
NoUeman — was distingnished by beíng the ahfiolnte owoer 
(within hia tribe) of land for which he paid no rent, 9o Uiat, 
if a man possessed bat a single acre in this way, he waa a 
Flaith. AIl other persons holding land bdd it either from 
a Flaitb or &ora some tenant i^ his ; aod the rank aod 
preceden^ of theae persona depended npon the amoont oi 
tbetr pow caH ona"* Although there are niany statemeote in 
■ Ifnm Md CoMin* of ik Aaciac báh, ToL P.. p^ 3«. 
m 2 



clxix 



If;TR0DUCTION. 



this description to which exception may be takeD, it fairly re- 
presents the practical coadition of the Irisb as depicted in the 
CrithGabhlachjSubject to the raateríalcorrectiontbatsuchwaa 
not the original sjateiii of the Coltic tríbc, but rather tha 
condition to which the tríbe had been reduced at the date of 
the composition of this worlt. The same cauaes were at 
work in Ireland as elaewhere, and with the same resulta. 
The chiefa and noblea had succeeded in crushing the lower 
ordera, and had converted into their own separate propertj 
the Umd originally the commou property of the tribe, The 
Crith Gabhlach might fairly be described as a Gompendiuia 
of the righta and emoluments of the higher classes, of thelr 
house tributes, renbs, cuttings, and costeiings, and ia nob 
dissimilar from the old law book of the Brehon whereby the 
Engbsh commissioners "perceived liow mauy vessels of butter, 
and how many measures of meal, and how many porka, and ' 
other sucb gross dutiea did arise unto M'Guire out of bis \ 
mensal lands."* 

It ia not to be concluded that any Iríah tribe or provinca 
was ever actuaUy organized in strict conformity with 
the rules laid down in this tract. It is impossible to 
believe that a nation so mobile and turbulent aa the Irisb 
Celta lived under a system so rigid in its laws and pedantic 
in its minutÍEB ; that the diH'erent classea possessed ao mudi 
and no more than the amount of property herein aet duwa 
against them ", inhabited houses of precisely tlie prescribed 
BÍze, furqished iii tho manner described, and supi>lied with 
the farming instraments directed ; that tbe occupiera of them 
paid Bo much and no more than their customary rents ; and 
that the whole society, from the pro^'incial King downwards, 
were bound, and acquiesced in, a complete 8ystem of semi- 
feudal service. The work must be considered m a descríption 
tíf 80ciety fully organized according to the current legal 
theory at the date of its composition ; but it can no more be 
asaumedthat theexÍBtingcommunityaccuratelycorresponded 
to the legal theory, thsn tbat the condition of England in the 



J 



INTRODUCTION. 



clx 



twelflh c8ntviry, waa sucli aa Blaclístonc's sketch oí tlie feiidal 
«jstem asaumes it to have been. 

The Críth Gabhlach treata of the varioua ranlís of tbe 
fieemen of the trihe, tlieir mutual rights nnd duties, and 
the power and privilegca of the King; the unfree claases 
of the cominunity are only referred to in connexion witb 
tbe rights and qualifications of tbe free. 

The author lay9 down aa the cardinal principle that the , 
proper grade of the Iayman among tbe people is determined / 
by tbe amount of his property. The number of classes of 
men is stated to be seven. That this number waa selected 
Bs the sacred nuraber, and waa not in accordance with the 
actual atate of facts, appears íVom tbe statement of tbe 
author himself, and the mode in which the division in 
classes is varied in diíferent paasages. The grades of a 
people are stated to be as folJi.>ws : — (1) the "fer mbidboth " 
man, (2) the "bo-aire" chief, (3) the "aire-deaa" chief, 
(4) the "aire-ard" chief, (5) the "aire-tuisc" chief, (G) the 
" aire-forgaill " chief, and (7) tbe king. This sevenfold 
division is stated to be derived from the aimilitude of the 
ecclesiastical orders, " for it is proper that for every order 
whicb is in tbe Chujch, there ahould be a corresponding one 
among the people."* 

The two first clasaea represeut the free but not noble, the 
latter five tbe free and noble. 

The divisions of the noble clasa are tben specified, and the 
number of them is agaia seven, viz.: — (1) tbe "aire-desa,"(2) 
the " aire-ecbta," (3) the "aire-ard," (4) the " aire-tuisc," (5) 
the " aái-e-forgaÍU," (6)the "taraaise" of a king, and (7)the 
king. To complete tho number seven in this, two furtber 
classes are introduced, the " aire-eehta " and tlie tanist ; the 
latter of tbese waa an official person and not a class of indivi- 
duals, and the same observation is applicable to tbe "aire- 
ecbta." Tbenon-nobleclaasesareclasaedaafollowa: — (1) the 
two grades of "fer-mbidba" men, (2) the "og-aire," (3) an 
"aitbecb"per8on, (4) the"bo-airefebhsa," (5)the "mbmigh- 
fher"man,(6)the"fer-fotbla"man,and(7)tbe"aire-coÍ8ring" 

• P»gf 238. 



obuLxii 



INTRODL'CTIOX. 



nuUL The Boven classeft ai'e here Bgam eompleted, firet 
by the introductiou of the "wthech," a very anomaloua 
ulass, ae eubsequentlj explained in thc tpxt, and by tbe 
addition of the laat throe, viz., the " mbruigh-fur," the " fer- 
fothla," and the " aii-e-coisring," two of which are Ihe namea 
of ofBcers, aud not of claaaes. 

The .ícheme of claseitication UBed by tbe author of tbe 
tract on Precincts, must have been differeat from tbat 
of the author of this tract ; for bc also, dividing tbo 
Bociety into seven classes, states the two lowest to be the 
"bo-úre" and tbe "aire-deaa," and the highest to be the 
kitig, omitting t« give the namea of Uio four ÍDtermedÍate 
divifiiona, and, with rcference to tlie extent of thelr pre- 
cincts, be fixes their rank ujwn the basis of a geometric 
progreaaion, a gradation iaconaÍHtent with the ratio of their 
properties and honor-priuee as fixed in tbis treatise. 

The several ranics are divided with refcrence to the amount 
of property requiaite to qualify for each respectivel^, and 
&om and in the proportiuu to tlie requiídte amount of pro- 
perty follow their righta and privilegea (aomo of which we 
sbould now class aa duties) : (I) tbe legal value attributed 
to their oath, contract, guarantee, and evidence ; (2) the 
honor-príce; (3) refections, or the nature and amount of 
food thoy shoilld receive from a host ; (4) aick mainteu&nce; 
(5) tbe extent to which they could give prolectÍoQ to a third 
party who daimed it ; (6) the " taurcreic," or the amount of 
.f«tock to be delivered to them by the superior to whom they 
oommended themselves (the commendation to a lord in con- 
sideratioQ of the " taurcreic " might be oppressive or advau- 
tageous to the inferior, according to the circumatíiaces of tbe 
time); and (7) the " bea tigi " or house tribute, payaL>le in 
kind by the inferior to the superior to whom he had 
commended hiraaelí 

The following analy3Í3 of the neceasary quabfícatioDa aed 
rights of the sevoral chisaes will render the i-elative poaitioas 
oí the respective ranks cleai-, 



I\TRODCCTIOS. 



I 



A. — The Non-Noble Clisses. 

1. The "mbidboth" nian. Thiaclass is anb-divided into 
two sub-clasees, viz.,the " mbidbotb " nianwbohadattained 
the age of fourteenyears, butnot yetthatofEeventeeiiyeara, 
" unleaa he has talcen posseasion or aucceseion before thot, or a 
man of the Feini grade be a co-occapant with him," íe., unleee 
he is himself in poaaession of a house, or be the joint occur 
pantofone with afreemanof fullage(?), andthe"mbidboth" 
nian who haíl attained the age of seventeen years. The oath, 
contract, or guarantee of the fonner extended to the valne of a 
" dairt " heifer ; his refection was milk and stirabout ; hís 
protection extended to one of his own grade over the terri- 
iory ; hÍ3 honor-price waa a " dairt " heifer. The value o£ 
the oath, &c, of the latter was a " colpach " heifer ; his pro- 
tection extends to one of his own runk until he has given 
Íúra double food (two meab ?) ; his refection waa inUk and 
Btirttbout ; his honor-price a " colpach " heifer ; his propor- 
iionate stock (taurcreic) was four " seds" in valuo ; his food 
rent (bes tigi) a wether ; hia sick mainbenance for himself 
and his mother new unskimmed milk every third, fifth, uiuth, 
and tenth day, and alao on Suinday. 

It appears from tliis that the very loweat claaa of freemen 
were not, aa has been atated, wholly devoiii of property; 
they are preaumed to poaaess & house, in respect of which they 
may be required to pay food rent to a auperiot, and they had 
B share, however siuall, in the common pasture, oiherwise 
they could not have availed themaelvea of the proportionate 
stoek (taurcreic) they might receive. 

2. The Bo-aire or enriched churl. The "mbidboth"-niaa, 
iipon acquiring the necessfiry amouut of property, becamo 
ipao /acto a " bo-aire " chief, hecause, in this caae, there waa 
no ch&nge of atatua, as in the tranaaction aiterwards men- 
tioned from the non-uoble to tbe noble claas. This increaae 
ia attriLuted to tbe profits made by atocfc received from a 
lord in the firat instance ; for he is assumed to have com- 
mcuded bimself to a lord ; such would seem to be implied 
by the rule : — " In three days after notice half a portion 



clx 



ISTRODUCTION. 



{of fencing T) in due , from liim for a 6eld ; a third part of 
the fee for his thefl, ond his drunkennesfl, and his lamiog, 
and of ' eric' fine for killing him 'goes to his chief ;'" the 
chief, h'3 lord, has a right to a certain amouut of hislabour, 
and a ahare in all daiaages for injiiriea done to him. 

A. The lowcst grade of the general cliLsa of " bo-aires " Ís 
tbe " og-aire," that is a youiig-aire, one who latelj? acquired 
tlie rank of a " bo-aire ;" his ]>roperty niuat, therefore. be 
aí<sumcd to be the mininium Bitftícient to qualily for that 
rauk. His property consista " of sevens ;" seven cowa and 
a bull ; aeven piga and a lM>ar ; seven sheep, and oue horse. 
The change Ín his position is marked by tlie .statement that 
" He haí land of three seven (21) cumbal value." The right 
to the land Í3 connected with the possesaion of atock ; but 
if a cumhal of land means enough land to graze a cumhal 
of cattle, or three cows, it would follow that he obtained 
grazÍDg Íand far in excesa of that which was necessary for 
hÍB assumed Btock, That the lands of a " bo-aire " mfty have 
far exceeded what waa requisite for the graziiig of a stock 
of "sevcns," appears from the statcment that there might 
be four or five " aithechs " on the land of one " bo-oire ;" 
and as each " aithech " is define<.l as possessiog teu cows, ten 
pigs, &c., the author rnust have contemplated the caso of a 
" bo-aire'a " lands being suffieient to gi-aze fifty head of cattle, 
besides lesser beasts. The land held by the " bo-aire " was 
not his separate property, for there is a distinct reference to 
his payÍDg ono out of seven cows for the use of the land. 
The diffi<;utty in understanding tho " bo-aire's " position 
arises froro their being no explanation of how or from wbom 
he obtains the thrico seven cumhals of land. Stock, not 
land, is what the lord gave to thc man who comniended 
bimaelf to him ; that it waa stock wliich was given prc-sup- 
poses tbat the inferior receiving the stnck had, independently 
of his lord, tbc means of grazing them. It may be oasumed 
that the proportionate atock given to the freeman not pos- 
sessing othcr cattle, i.c, the "milKÍbotli"-man fixes the share 
in the pasturage lands of a tribe to which eacli freeman 
was ab8olutely entitled, and that the right to put a larger 



INTRODTICTrON. 



clxxxv 



amount of stoclc upon the common pasture land, wjis comiected 
witli the actiial amount of stock possessed liy their owner ; 
bnt that foreverjadditionalseven cattleputuponthe lands, 
one wa3 left aa the payment for the year's prazing — the 
profita of the waate grazing lands wonlJ prohahly in the 
end be monopolized by the chief, as the English feudal lorda 
of manors contrived to possesa themselves of the waste. The 
" og-aire " also possessed one-fourth share in a plough, an ox, 
a plough-share, a goad, and a bridle, and a share (<juere, one- 
fourth) in a kiln, a mlll, and a bam. His house waa nine- 
teen feet in length, with an out-house of thirteen. His 
proportionate Btock was eight cows; his food-rent was a 
"dartftidh" heifer. His refection extended to two men, 
who were entitled to no more than railk and atirabout, and 
a certain amount of new or sour milk and cakes. The pas- 
sage which describea the extent of hia evidence, &c., and 
tlie amount of Lis honor-price, is very remarkable. Tt 
appears from a subeequent passage that the norraal amount 
of the honor-price, and legal value of the oath, &c., of a 
bo-aíre, waa five seda ;* hut Ín the case of an " oc-aire," thia 
was reduced to three aeda, which fact Ís thus explained : — 
"And the two seds, which ai-e wanting toit (Aifl/wmor-príce) 
are wanti'ng, liecause the stability of his house is not ]ier- 
fect, and he is not coropetent to undertake liabilitiea for 
them, like every other "bo-aire" for the smallness of liis 
property,t from which we must conclude that the new " bo- 
aire " was not a fuíl " bo-aire," and did not obtain the full 
rightfl incident to his rank until some subsequent period. 

B. Thesecond sub-division of the "bo-aire" is the "aithech," 
who is distinctly atated by our author not to be a " bo-aire," 
but why he waa not so considered it is difficult to discover. 
Hia property exceeded that of the " og-aire;" his atock was 
" ten," i.e., ten cows, ten pigs, ten sheep, &c. ; hia house waa 
twenty feet in length, with a kitchen of fourteen ; the valne 
of his oath, iiC, and his bonor-price was four seds ; hia pro- 
portionate stock was ten cowa, and his food-rent the choicest 
of a herd of cows, and a bacon, four sacka of malt, and a 
• Pnge 309, t Ps8« 807. 



clxxivi 



INTRODUCnOíí. 



wooden vessel of salt; he was entitled to refection for two,milk 
and atirabout, butteron Sunday, venÍBon.sea-grass (í), onions 
aiid sali. HÍH property and aocial position w&b superior to that 
of the " og-aire," and he waa not considered m of the " bo- 
aire" rank, but what was 3tyied " an imniovable tenant." The 
reason given for this is as follows : — " What is it that put» 
this nwm from being in the rank of a ' bo-aire V Eecause 
it may be that four or &vd such maj occupy the land of a 
' bo-aire,' and it could not be easy for each of them to be a 
'bo-aire.'"" What is verj' iioteworthy aa to thÍB claaa Ía 
the diaproportion of the food-rent to the other incidenta of 
bia position, and proves aome uncertainty as to hia status. 
He, although poasessiug cattle, is descríbcd os grazing them 
upon the land of a " bo-aire ; " but as a " íx)-aire " b not 
deacribed as baving any land of hia own, Ít muat mean that 
he waa some kind of sub-asaignee of tbe " bo-aire's " grazÍDg 
ríghte, and tbat the transaction bore some resemblance to 
the grazing partnersbips referred to in the Book of Aici]l.t 

c. The " bo-aire" febhsa, or tbe wea!thy " bo-aire," is one 
who has acquired the full rights of his class. His property 
ia larger than that of tho " og-aire" — hc has twelve l-ows and 
twíoe seven cumhols of land, s house of twenty-seven fcet 
and a back-hou3e of fifteen, a share in a miU and a kiln, 
bam, aheop-house, calf-house, and pig-8tye. As before 
remarUed, the value of hia oath and bis honor-price were 6ve 
aeds, his proportional 8tock twelve cows, and his food-rent a 
nuJe "colpach" heifer with ita accompanÍments.í 

D. The next class, the " mbruighfher" ia evidently an 
official of the " bo-aire" rank, not an independent sub-division 
of the entire class. Ho is " the ' bo-aire' for obedience to 
judgment." His property is repreeented as twenty cows, 
two bulla, 8ix bullockB, twenty hogs, twenty shci-p, four 
liouse-fed bogs, two sows, and a horse, aud be has also six- 
teen aac^s of seed in the ground ; he bas a lawn for sbeep 
about bis bouse, a house uf tweaty-seveQ feet, and a 
back-hDuse of soventeen feet, and outhouscs. The value oí 
his oath, &c, and his bonor-price, are six seds. His propor- 

• P»ge 309. f AnW, Vol. III., imge U3. I P»ge 811. 



INTROUUCTION. 



clxxjtvii 



I 



tionate stocli: was two cumhals, ond his fúot-rent a cow witli 
it8 accompaQÍments.* The very peculiar enumer&tion of 
fioea fbrall conceivable ÍDJuríeH to himself and hia property 
prove tbal he occupied an exceptional positioa It would 
Beem that he was iu some way bound to offer hospÍtality 
to a king, a biahop, a poet, or a judge " from off the road," 
&nd th&t hÍ9 Bupply of eatables for such pur|>ose was por- 
tion of his *' obedieuce to judgment." 

B. The highest of the members of tha " bo-aire" class is 
described under the title of the " fer-fothla chief," and was 
80 called because his cattle having become too numerous for 
the graziijg which he himself posseased. he had commenced 
to givo them out to others aa taurcreic, or additional Btock. 
There is no amount of property fixedaa the nece8sary quali- 
fícation for this rank, the test of the qualitication for which 
was tbat his property was in excess of his means of supplying 
nece8sary grazing. The amount of his honor-price and the 
valuo of his oath, &c., Ís eight sed», hia house waa twenty- 
seveii feet in longth, with a back-iiouse of aeventcen, His 
proportionate stock was four cumhals, and hia food-rent a 
cow wltb accompaaiments one year, and a male colpach 
heifer the other. 

A " fer-fothla" chief manifestly stood at the head of the 
" bo-aire" claaa, for Ít waa the " fer-fothla" who Ís described 
as passÍDg from the non-noble to the noble grade in the 
maoner subaequentl^ dtscusaed. 

w. The "aire-coiaring" chief Í8evidentlyan official peraon, 
and not a sub-division of the " bo-aire" claas. He ia described 
thus : — " Why is the ' aire-coL'«dng' (i.e., the binding ' aire') 
ao called ? Becauae that he binda people. king, and synod 
on behalf of his tribe (cenel), iu their rights of aafety by 
vorljal engí^ments ; but they concede to him leadership, 
aad a right to apeak before (or for) them. He is the family 
chief tben. He givea & pledge for hia £imi]y to king, and 
synod. and professional men, to reetrain them in obedience."t 
Hia honor-price and tho value of bis oath, &c,, werefixed at 
eight seds. His house was thirty feet in length, and the 

• PagsSll. t P«8e317- 



clxxxviii 



ISTRODUCTION. 



outhouse DÍneteeD. Hía proportionate etock was five eum- 
hals, and his food-rent a cow with its accompaniments, and 
a male " colpach" hcifer, with ita pioportion of other food. 
No amount of property Ís fixed as a nece3sary qualification.* 
The " aire-fothhi" passed under pecuHar circmnstances from 
the " bo-aire" claas into the noble ulass — that of the " flaitha." 
Theae are explained in the following pa.'ísage of the test : — 
" When doee the ' Aithecb'-tenant become a chief having the 
bo-airich-ship I Upon going into a Irue green (the extont 
of precinct suitable to the rank of a flaith). When he haa 
aa much as the ' aire-deaa,' it is thcn he is an aire-desa, &&"+ 
When we turn to the explanation of an " aire-desa" chieFa 
qualiScationí) in a subsequent pa^, tho following passage 
occurs :— " Aud he ia the son of an ' aire,' and the graudson 
of an 'aire.'"j The" bo-aire-fothla" chief did not attain the 
raDk of a " fiaith" by merely purchasing an acre of land, for 
there is no reference to lajid ín the transaction ; nor did he 
acquire it by virtue of possessiug merely the property of a 
" flaith," for hia property was required to be double of that 
at whích a " flaith-desa" was valued, nor again could he be 
considered a " fiaith," imless both his father and grandfathera 
were "airea," which must mean aoraething more than they 
had beeu " bo-aires." That there was aome element of here- 
ditary deaceat requisito to fix the social position of a " flaith" 
aU analogy leada us to expect. The elevation of a '■ bo-aire" 
to the rank of a fiaith was uot simply equivaleut to his beiug 
rated at a higher valuation. He acquired what was called 
the " deis"-right, which is thus defined in the text : — " What 
is the deis-right of a 'tíaith' ! The goodly right to protect 
hís ofEce or rani. There are four ' deis'-righta prescribed 
for the ' flaith'-chief. The aucieut protection of the people 
(or territory) ia his office in the territory, together with the 
office of leader, or ' tanist'-Ieader o/ tlic army, whichever 
office it may be, of hia ' giallna'-tenants, hia ' saer'-tenanta, 
hia ' sen-cleithe'-tenants, the puuishmeat of every imperfect 
service, the following of cottier tenants and ' fuidher'-tenants 



' P«eB3: 



l'age 817. 



1 Vtge 321. 



INTHODUCTION. 



clxxxix 



I 



whom he bnngs upon his land, bccause his wealth is the 
greater and better."" Aud ftgHÍo, " \V'hy is the ' aire-desa' 
80 called ? Because of the fact thab it is on account of his 
' deis'-rights that he is paid ' dire-'fine. Not so the ' bo-aire' 
chief; it ia ín rightof his cows he is paid ' dire'-fine."+ 

Upon thia snbject Mr. Heam malces the foUowing oh- 
servations : — " Auiong the membera of the clan itself, within 
the 'cinei,' in the strict senseof the term, and apart from 
the exceptional privileges of the royal bouse, there waa a 
well-marked difference. That difference was between the 
noble and the free, or, aa Ít may otherwise be expressed, be- 
tweeu the gentlc aud simple. Both classes were equal]y 
members of the clan. and, to a certain exteut had equal 
rights. Eut both by public opinion, and by the custom 
which supplied the place of law, certain sections of the 
community possessed, in coraparison with other aections 
thei-eof, an acknowledged superiority. Their descent was 
purer ; their wealth was greater ; their wer-geld was higlier ; 
their ahare ín the public lands, or in the distribution of 
booty, was larger; they were the natural U'aders of the 
community in war, and ita natural councillors Ín peace. 
Accordingly, we observe in the early bÍ8tory of all Aryan 
nations, the presence of what may be called a natural 
arÍ3tocracy, aa the leadcta and kinsmen of a natural demo- 
cracy. It Í8 not difficult to understand that some householda 
should be more prosperous, more numerous, and more 
wealthy than tho others. Yet these advantages are rather 
the effecta than the causes of such a ditference a-H that 
which we are considering. Even if there wcre no evidence, 
that inat leaat certain societiea, land was distributed accord- 
ing to the rank of its holders, they are inadequute to explain 
all the facts of the case. They may occouut for the differ- 
ence in modem 80ciety, where individuals rise and fall with 
a rapidity unknown to archaic nations ; but they do not 
explain the strongly marked lines, wliich interaect the 
80ciety of the ancient world. The preceding inquiries poiut, 
for the cauae of the difference, to sonie sentiment connected 

• P«ge321. t P»ge321. 



mitODUCTIOS. 



witli the peculi&r religionof our forefathers, and coiiBequentIy 
afTecting their descent, The facta con-cspond with the ex- 
pectation, A certain Beries of pure descenta was sufficient 
to establisb freedom, and a share in the govemnient of the 
Communitj, and in the distríbution of lands ; but another 
and a larger series waa nece88ary for the full enjujment of 
all the honours and all the considcration which the com- 
miuiity could give." " The mle of nobility aeemu to be the 
reeult of two other rules. One ia that fundamcntol 
principle of taking the common greiit-grandfather a« the 
Btock or founder of the joint íamily or Míeg; the other Í3 
the rule of the Three Descenta. Tho eflect of the latter rule 
was, that for the pnrpose of acquiring full rank Ín any par- 
ticular status, the claimant mnst show that hia father and 
both (?) hia grandfatherá had held that stAtus. Consequentlj, 
a man who claimed to belong to the nobÍlity of the clan must 
show that his griindfathcr was noble-^that is, that hia grand- 
fatherhad a kin, or in otherwords, had a grcat-great-grand- 
father who waa a freeman." Afler referring to varÍou.s other 
archaic Bystems of law, Mr, Hearn make3 the foUowing re- 
mark3 upon the existence of this rule among the Celtic 
nations: — "The Celtic nationa also exhibit tracea of a 
aimilar cuatom. In Cyniric law, tlie desceudant of the 
original j1ííu<í orstranger tothe distríct, was, after the lapse 
of three generations, ranked as a " Briodwr ; " and thence- 
forth became irremovíible, and waa entitled to hia sh&re in 
the landfl of the 'viciiiity.' In Scotland a eimilar rule ap- 
plied to serfs, although it is possible that in this case the 
rule may have been introduced from England, In Ireland 
the deecendanta of a Bo-aire, or Coorl, might aapiro, when 
they possessed laad (?) for three generationa, to becoroe 
Flatha."* So, too, " A' FiíúViir' family+ in the fourth geno- 
ration — tndeed, in the thJrd, for the Daer Botach had also 
right of settiement — could not be ejected írom tJie land, 
That is, the third descendant was capable of transmittíng 
heritable right, and the fourt,h of acquisition by virtue of 
such right." As a curious exompliScation of this principlo, 



* Muuicra lad Cus 



t Ib,, p. c 



iMTBODUCTION. 



. Mr. Heam refers to B passage ia the Introduction of the 
l preceding volume relative to the claims of bis original 
church upon the property of a former member.* Upon fche 
practical worlting of this rule Mr. Heam fuither remarlu : 
"ThC'Se coDíiideratioiiH iudicate the tríple distiactJon of 
' the ancient free popuhition. It consiated of freedraen, of 
freemen, and of nobles. The distinctioo rtisted excluBÍvely 
upon blood, and could not, therefore, be removed by grant 
either of people or of King. By the operation of time, if 
there were no diaturbing influeuces, each lower class natur- 
ally passed into tLe one next above it. Each step of the 
promQtioQ brought with it increa^ed consideration, additional 
Btrength and influence, by reaeon of a moi'e numerous 
tindred, and more extended alliancea, and no small materiol 
advantage, botU direct and iudirect. At a later períod, when 
the dependent portion of the household became developed, 
and the Gesindschaft was established, other varioties of rank 
aroae. Nobility waa then derived, not from birth, but fi-om 
official position, and attendance upon the throne."t 

The ideaof "Umitation"in the Irish law waa conuected with 
three successive lives, either of tbree persona in lineal de- 
Bcent, grandfather, father, and son ; or of three succesaive over 
lorda, a.s in the case of Daer Fuidhir tenants,t or of three 
Buccesaivo owners, as Ín the case of righta of water. The 
same idea of thi-ee, or its mnltiplea, being the basia of such 
calculatioos, alsoappears in the passn^e inthis tract, stating 
that cottiera aud "fuidhir"-teuant3 beeu " sencleithe "- 
tenants, and irremovable after serving for niue timea nine 
years. 

We may now procoed with the analysi3 of the remaioing 
rauics in the tribe. 

• VoL líl., p. Ixii. 

t These extricts >n H]ec(«d Iroin tbe VII !tb Cbuptur u[ "The Arfia Hfiuw- 
balil," pp. IDS to 209. 

J Upon tbis point Mr. Heain wema lo have («lUn inW error,— V.a 



INTRODCCTION. 



B. — The Noble CLAssEa 

1. The "aire-desa". — The property with reference to whicl 
this and the subscquent clasu arii armnged, is momfestl; 
land, aa the numbcr of the tenauts of each is refipectively 
Btated, as ín the non-noble cliLeses the number of their cattle. 
The tenants of the " aire-desa " were teu, five " ginJlna," aud 
five " aaer "-tenants. The amount of food to be furnished by 
the teuants b stated in dettiil. An incident to the rígbt of 
feafiting at the housea of his tenauts (" cosheríng "} was the 
number of peraons whom he might take to their houses from 
the "Calends" to Shrovetide; ten couples are the number 
specified in this case ; iu retum he was espected " to pro- 
tect his tenants iu all just suits of ' cain ' law and ' cairde'- 
law, standing towards theni ui the relation of a patron to his 
olients. The legal value of bis oath, &c,, and honor-price 
was ten ' seds '; the length of hia house twenty-seven feet ; 
hÍ8 proportionate 8toGk was six ' cumhals,' and his food-rent 
two cows."" 

2. The " aire-echta " was an offlcer of the tribe, and does 
not represent a closs ; this is obvioua because no property, 
qualification, righta, or liabilitiea, are specified in his case.+ 
Thedutyoftho"aÍre-echta" wa3"toavengetheinsu]toffered 
to a terrítory in which a person was lately killed ;" he was 
an appoiated avenger of wrongs. Thia ia illustruted by tbe 
case of the bliuding of Corniac Mao Airt, " Aengus Gabhuai- 
dech " was an " aire-echta " (trauslated " champion "), who 
was avenging a family quarrel in tbe territories of Luighne, 
aud he went iuto a womau's houae there and drauk milk in 
it by force ; and the wonian said, " It were better for thee 
to avenge tbe daughter of thy ktnsman uiwu Cellach, sou of 
Cormac, than to consume my food by force. "J Aengus there- 
upon at once proceeded to Teiuhaii' aud slew Cellach ; the 
point of the 3tory seenis to be that the womau reproached 
the "aire-echta" for plunderíngherundercolourofavenging 
a family quarrel, while he left unpciformed the more iui- 
portant and dangerous duty of 8layiug the ^iiig'a son for tbe 
abduction of oue of tbe women of the tribe. 

• Pago 321. t Pag^ 223. I Ante, Vul. IIL, ptgc 



i 



ISTIIODDCTIOS, 



I 



3. Thc " aire-avd." He had twenty teiiaiits, ten giallna, 
and ten " saer "-tenants ; twenty couplo were "his ríglit on 
B feasting;" his honor-price and the valne of his oath, &c., 
vaa fixed at fifteen seiia; his proportionate Btock was seven 
" ciimhals," and hia food rent three cows. There is no state- 
ment as to ihe sizo of hia houfie." 

4. The "aÍre-tuÍ3Í," who had twenty-seven tGnants, fifbcen 
" giallna " tenants, and twelve " aaer " tenants ; he hiwl 
thirty couplea at the feasting. The value of his oath, &(;., 
and his honor-price was fixed at twenty "seds"; hís hou.^e 
was twenty-nine feet in length; his proportionate Htock was 
eight " cumhals," and four cows hia food rent. The aire- 
tuisi in the third generation participated in the govemment 
of the tribe. " He make3 (osswís m 7naJii/ng í) ' corus '-ar- 
rnngBments in the ' raith ' right of his father and grand- 
father."t 

5. The " ajre-forgaill " stood in rank at the head of the 
nobles, and next to the king and tanist ; his position ia 
marked by the worda " he U'stifies to the clíaracter of tha 
grades wo have enumorated, in every case in which a denial 
of a charge is aought, because his quality is auperior to that 
of his eompanions." This paesagc might lesd to the conclu- 
Bion that the " aii-e-forgail " was an otficiai who had the 
power of deciding the statua of the individual membera of 
the tribe, but inasmuch as the " aire-forgaill " chief ia intro- 
duced into the list oí titlea of dignitiea ir, the subsequent 
tract, although the " aire-echta " ia omitted. it 13 probably 
that the name indicatea a clo.'ís, not an office, and that the 
Tight to give evidence as to tbe status of a member of a tribe 
was incident to the position of the first olass of the nobles. 
Ho had forty tenants, twenty "giallna " and twenty "saer"- 
tenanta ; the value of his oath, Sic, and honor-price waa 
fixed at fifteen seds; hia honao was thirty feet in length ; 
his proportionate 9tock nine " cumhals," and hia food rent 
five cowa.I 

6. The"tanist" of thefcingorhiselectedsuccesBor. Hehad 
*Cve " sencleithe "-tinanta more than an " aire-forgaiir'-chiet 

I Pogo 825, t i'age 32T. í Vtge 320. 



INTRODULTION. 



from whioh it mRy be conjoctured that hia father and grand- 
father must also faave been "aire-forgaiU" chiefs. HÍB honor- 
price and the value of hia oath waa tixed at thirty sedtt; ten 
" curahabí " were hi» proportionate 8tock, and aix cows hi» 
food rcat. There Ís nu reference as to the aize of his house. 
or hÍ9 receipts frora his tenants, which may l>o assumed to 
have been considered the same a!i those of the "aire-forgaill'* 
chief, and it is probable th;it the aiiditional five " sencleithe"- 
tenants, which he is statoil to have, wcre not in addibion to 
the number of the tcnanta rcquii'ed for the rank of an alre- 
forgaill, but are introducod to indicate that his tenanta had 
acquired the position of " sencleithe "-tenaiits uuder hia 
fami!y, aa a proof of the status of the taniat himaelf.* 

7. The king. Thií* rank is sub-divided into three cla&ses: — 

A. A king of hilla or of homs ; the term is not easy of ex- 
pianation ; it, however, is used to designate the position of 
the head of a fuUy organized tribe. Natumlly no property 
quolification is annexed to thia rank. Hia honor-price and 
tho valuc of hÍ3 oath, &c., were fised at aeven "cumhals"; 
hia proportionate 8tock waa twelve " cumhals," and his food 
rent six cowa. The aize of hia house is not statod.» 

B. A king of companies, the head king of three or four 
reguli. Hia honor-prico and the value of hia oath, tc, were 
fixed at eight " cumhals," for which amount his " 8Íck 
maintenance " was to be commutc-d ; his proportionate stoclc 
waa fifteen " cumhala," and his food rent eight cowa.t 

c. The head king, whose supreme position ia indicated by 
the pasiinge, " under his control every chief is who cannot fae 
corrected by hia loi-d." Hia honor-price and the vahie of 
hÍ8 oath, &c., were fixed at fourteen cumhals; as the suprerae 
head he could givo, but not receive, cattle, and therefore there 
ia no reference in thi.s ca.se to proportionate stock or food 
rent.+ His rcsidence ia described with rauL'h particularity as 
a fortificd " dun " fort, but the length of his Iiouse does not 
much exceed tliat of the higher noble clasaes, being onlv 
thirty fcet. 

The rank of evcry freeman dctemiined that of their familv 

• Píge 323. t P«5P 331. 



I 



J 



INTBODDCTION, 



I and dependents, itnd entitleil theni to iiioportionate com- 

pensation. " Half the siclt maintenance of a man oí every 
grade ie duc for liia lawful son, and hia wife ; for it is half 
which is due for every lawful pcfson, one-fourth for every 
unlawfiil one. The wives of mercenary soldiers have sicfc 
intenance Ín righfc of their sons and husbonds. Stewarda 
aitd coiiriers are sustained with ha!f the maintenance of their 
chief. They arrange that tbeir share iu the maintenaucQ 
corresponds with their sustenanco by their chief. Every 
artizan who makea the manufactnres of a chief, or a church, 
I is sustained with half maintenance, according to the ra.uk 
I of cach person whose raanufacture he makes."* 

The object of the author in fixing the nuniher seven aa 

the basis of hia classificatiou appears in the passage: — "Tha 

mainteuanee of ovcry grade in the church is the same aa 

that of its co-grade in the laity."* He deaired to treat the 

seven grades of the church as correlative to the seven gradea 

of the laity, the ostiavius correspondíng to the " mbidhoth '\ 

man, aud the bishop to the King ; or rather, fiuding the 

Qjber of gi-ades in the church fixed at seven, ho attempta 

to cla3sify the ]aity in seven grades, and either omits or 

interpolates ranka to produce the required reault. This fact 

conchisive of the extremely unreliable nature of the 

\ dassification contained in thia tract, and the impoKsibility 

! of treating it aa historical evidence of the organization of 

an Iriah tribe at any period. 

The analysÍ8 of this classification is sbown in the annexeá 
I table. Nono of the incidents of any rank are introduced 
I except 3uc1) as are more or less common to all, and capable 
[ of being numerically expressed. 

In these tablea tbe namea of the classes printed in Italics 
i are those which are rejected upon the ultimate analysia. 
I The introduction of the " aire-cchta " to make up the ntimber 
is manifest in this table. The serics of numbera in all the 
columns seem bo have been fixed before he waa introduced, 
and any numerical qualitications attributed to liim would 
have deBtroyed the regularifcy of the niuncrical sequence. 




CXCVl 



INTRODUCTION. 




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w ífci o C ;5 



INTRODl 



If -we turn to tho solicme nf tlie ronTis of a tribe contained 
in the next tmet, we find the aiTangement wholly difTercnt. 
The titleH of rank (or of diseredit) given here amount to 
twenty-six. The arrangement is in the invorse ordei' of that 
ÍQ the preaent tract, commencing with the KÍiig and pro- 
ceeding downwards. The nine last of these classes mny be 
disregarded as repreeenting the unfree elass. They are 
diacril)ed as not posseasing the right to go into the a.s.^eiDbly 
who had no dire tine, aud were not worthy to enter into 
bonds or securities. 

There remain therefore seventeen distinct terms, represont- 
ing, aecording to the author, ao many clasaea of the free 
members of the community. Their respective grades 
are marked 8oIeIy by the amount of their honor-price, 
and the number o( persons to free feeding they were en- 
titled. A reference to the case of tbe class No. (the 
hencbman "snirt/iv-id"), and class 21, tbe "aire-tmai", will 
show that tlie phi-ase " free feeding " nieans the supply of 
food to a certain number of individuals, not a right to pas- 
ture 80 many heiid of cattlc. The aequence of the ranks of 
the free persons in the tribc, aecording to the seciuel, would 
be represented a& follows : — 



^ 


p™i««i. 


Fr«-(«lú.f. 


aaMr-pri™. 


TliB"U«iUie," . . . 


SU0K, . 


2 SDd ■ uo», . 


5i«d>. 


Th 'fxmi'qfa "fl«-ai«," 


S cwa, . 


3 


3 


Tlie"Bo-»ire, . 


10 ,. 


4 




á"ffa«iíí*"n/e»CE««í/. 




G 


4 


Af>dl-FtatíUm"peT,m, . 






6 




10 


10 


Á •' dae" ptrinn, . 






4 h.lf íumhili. 


An " aitmilli" ptTiBn, . 


- 


4 


i cuiuhil Ud B 


A<i"iáimt"ptrimi, , 


- 


5 


3 Uiinlsot ■ ciiii.- 
h>l. 


^n"airí-je«"a.y, . . 




C 


7 euuih.1» to íoor. 


Áa»»ire-ieu'C[Ml, . 




10 


U'umh>1l0HV>^ii. 


An"airt-bdH"aitf, . . 




•M 




AH"ain-ard" Chii^, . 
Ao"»ire-tore«llI"Cliief, . 




30 


» <:u.nhal«. 




30 


3 ™D,h,lg. 


A SÍuE Df tbe Scd rault. 






7 f,.mha!ii. 


Á Riug ot tbe Uad r«ak. 






1 nimhal». 


A Klii^nt the »rd [..|.k, . 


~ 


~ 


6 tumhal, of gold 
nuii > jend. 




to tho i-ank8 common to botb, the following result 



liiTRODCCTIOX. 



mAj be airived at by a cotDparísoD of the tests: — The 
freem&n, ■without any property, is called ín the Crith 
Gabhlach a "nibidboth," and in the seqiiel an "aiatne"- 
nian, tliese two tenns rppreaenting the lowest clasa nitist be 
identicaL 

The " og-aire " of the first list correBponds partlj with 
the ' second ' of a " bo-aire,'* and partly with the " bo-aire" 
of the second liat. 

The " aire-desa " is conimon to both, and it appears from 
the amoiint of their honor-price, that the " full daithem " 
and the " aire-defta " of the second list are identical. 

The titles of the "aire-ard," "aire-tuisi/' and "aire-forgail," 
are common to both lists, but the latter tract treats the 
'■ aire-ard " as identical with the " aire-forgaili." Tbe sequel 
treats the " aire-ard" (or " aire-forgaiU") and the " aire-tuiai," 
as otlicials siinply, and they should, according to this autho- 
ríty, be stniclt off the list of the classes of society. 

The result will l>c to reduce the number of the actnal 
ranks of 80ciety to four : — (1) the " mbidnoth " or " uaitne " 
man, the freeman without property; (2) the "og-aire," or 
bo-aire, the freeman possessing a property quali&cation ; 
(3) the " aire-desa," the noble with propcrty qualification ; 
and (4) three grades of KingHhip. It is to be remarked 
bfaat at thcse points the valuation aa to honor-príce exactly 
coincidea. 

If -we refer to the scaJe of eompensation for the death of 
any person killed, as set out in the Book of Aicill, tlie result 
ie aif follows : — 

I. A fcing, biahop, profeuor, cbief poet.andevei; 
ftrcljmecli person, or best " aire-forgail" 

8. A midiile or lower " aire-foi^^H " chief, or 
" aire-ard " cbief, .... 

3. An " •ire-luiió," or " fure-destt" chier, . 

4. A '.'bo-aire," or '■ og-aire" chief, . 

5. A " fer-midbaÍUh " perBOD, . 

6. A " flescach " person, or " dair "-worLmaii, , 



INTRODUCTIOS. 



Upon a comparison of these tbree lista, tbe foUowing 
i-esiilts foUow ; tbat the essontial distinctions aa to vanfes 
were five only, viz. : — (a) thcRingsof three orderH,and those 
peraons, who, from tbeir oHÍcial position, were placed in tbo 
same category ; (/)) the noblcs, who were «ub-divided into 
foarclassca: — the " aire-forgaiU," the "aire-ard," the "niro- 
tuÍBÍ," and "aire-desa"; and that tbe tjest "aire-forgaiU " 
SUed an official position, wbicb placed him in the samo 
category aa the kiiig ; (c) the freeman posHessing proi»erty, 
tbe " bo-aire i " (d) the freeman without property; and (e) 
the non-free claases. 

That a great ])roportion of the claases introduced into 
the sequel are parely imaginary ia evident upoa the face 
of the tract Aa between this tract and tbe Crith Gal»h- 
lach, to which it is aupposed to be a sefjael, the list in 
the former appears the more ancient and truatworthj ; 
tbe author of the sequel, if he had had the Crith Oahhlach 
before him, never would have abanduned the principle of 
systeniizÍDg the ninka in sevens, nor omitted ao mauy a^ 
seven of the grades. He also ignores tbe precise directions 
as to the aizes of their respective houaes, and the amount of 
their fumiture, whicb occupy ho large a proportion of tbe 
Crith Gabhlflch, and be doea not allnde to the aniount of 
proportionate atoeb and fuod rent, whícb in tbe Críth 
Gabhlacb 'is stated as an essential mark of rank, upon tho 
assiimption that all cla^es were bound in a feudal tie to 
some snperior. The statement in the Book of AiciU is clear 
and practical, and Ís &r mOTe valuable aa an authority than 
the lattr tracte. It natnraU^ follows tbat we regard the 
Crith Gabblacb as, toagreatextent,aoimaginary work, the 
Utopia of a Brehon Lawyer, and, although containing very 
nuineroaa fragments of archíeic Uw, not affording any dis- 
tinct baaia of an historical character; and that a deacriptíon 
of the condition of the ancient Irish nation, if founded apon 
a faith in the Crith Gabblacb, as descriptive of an exiating 
order of society, mtist be conaidered aa merely imaginary. 
The concluding portion of tbis tract diacoaaes the dnties, 
TÍghta, and appropriate mode of Ufe of a kÍDg, according to 




ISTnODCCTIOÍ.*. 



tJie standard of Ihc period ; of the Ídeal kjng, wlio Ís des- 
cribed as a man fuU of Uwfiilness in all reBpects, consulted 
for línowledge, learned nnd calm. 

Althougli thert' is difficulty in explaining many of the 
details, a definite iiicture is given of the mutual relations of 
the king and his people, and tbe mode of life at the date of 
tho work, The duties and righte of thc kiiig aru conceived 
as resting upon his representative character ; as tho " flaith," 
aa the patron of his retainera or client^le, or the head of the 
house on behalf of his ÍamÍly, represente in the aeBembly or 
before thc judgc all those technicallj "in his hand," so 
the kings stands as tho agent of hia tribe ; " he swears for 
them to the king (i,e„ to the suj>erior king) on behalf of the 
tcTritory. He deiiica (or niakes oath) on their behalf ;he 
proves for them ío tlte extent nf seven cumhals. He goes 
into co-judgment, into co-evidence, with the king for his 
people."" The relation o£ the king to the tribe implied 
reciprocal rights and duties, as that of hcnd of the house- 
Iiold to its members : — " They are entitled to righteoua judg- 
ments. Tliey are entitled to a jjledge on their part. They 
nre entitled to sustenance as thfy sustain,"* In three cases 
the king 'in authorized to liiud the people by his promise 
madeon theirbehalf; viz., apledgefor hosting, which me&na 
alevy ofthenrmedforce foradefinitepurpose, threeof which 
arc stiited in the tcxt; a pledge for right; and a pledge 
for international regulations. For three purpoaes the king 
was entitled to call the people together; for a fair, for s 
meeting for correction, or making a contract, or for thc pur- 
pone of accompanying hímself to the boundary,* The para- 
graph commcncing in page 3:15 atatea:— "There nre now 
four rights which a king pledgaa hia peopie to observa" 
By thÍB, having reference to tJie passage which foUows, 
ahould proliahly be underetood tbe rights which the king is 
entitled to exercise as against tbe people ; the measure and 
extent of his executive authority, The first right mentioned 
Í8 the right of " Fenechus "-law, but it !.« added : — " It is the 
people who proclaim it. It is the king that pi-oclainiB the 



INTRODUOTION. 



' %tber three rights, and it is ihe king that enforcea them." 
The enactment of nilea to bind the people rested with the 
people tbemselvea; the king had no legislative power ; he 
eaforced obedience to tbe law, but could not himself enact 
one. As the idea of the enactment of a new law, in the 
correct use of the term, was quite foreign to the state of 
80ciety with which we are dealing, this perbaps might be more 
correctly expressed by tbe statement that the people de- 
clared tbe custom, and made the regulations incident thereto, 
and that the king carried them out into execution ; baving 
reference to tbe second right attributed to tbe king, the 
" Fenechus "-law proclairaed by tbe people dealt with the 
division and management of tbe tribe land, which at tbe 
preaeut day is the all-engrossing business of the Swiaa Com- 
munes. 

The second right of tbe king is defined as " a right after 
tbey have been defeated in battle, and he consolidates his 
people afterwards so that they are not broken up ; and a 
right after a mortaIity."* Both of the circumstances under 
which thia right of the king arose, are cases in which the 
tribe had sufiered the loss of many of ita membera, and the 
relative proportioua of tbc several househoMs had been 
niaterially altered, and for tbe stability of the tribe, and to 
ensure cultivation, it would be requisite to redistribute the 
tribe land among the surviving members. The extreme caee 
of a tribe baving been driven out of its original territory, 
and establiahing itself in a new district, would be an instance 
of the circumBtancea under which the exercise of tbia 
unuBual authority on the part of the king would be ncces- 
Bary ; so also if, by any caaualty, a large proportion of tbe 
tribe perished (we frequently read in liistory of the destnic- 
tion or baniabment of an entire gens), the result must have 
been, to a greater or less estent, a recaating of a mode in 
which the trilje land was diatributed. 

The third rigbt is defined as that of the Kiiig of Cashel 
ÍD Munster, that is, such welI-known rigbts aa the King 
of Casbel, taking him aa the leading case, is underatood 
* rnge 335. 



CCll 



IKTI10DCCTI0N. 



to pos.5ess.* Thiec BUch are enumerated, the fiist of 
which is obvious enough, " the right to help him to 
drive out foreign races." The right secondlj mentioned, 
" a, right for the sowing of aeed," is not so simple or easj 
of exjjlanation, Dr. O'Donovan explained it as a right of 
the liead king, when the under Idngs were tighting among 
themselves and neglecting their legitimate bu.siness. to 
compel them to abstain from hoatilitiea, and " to sow their 
l&nds." Thís is a remaj-lcable instance of the habit of 
attributing the morals luid ideas of the nineteenth ceQtury 
to the membei-s of a semi-civilized community, and assuming 
that they did act as we think that we ourselves ought to 

• Tliis pHsaogc in lUe origiiuil t-cnl miiiiilrsllv leírn lo Ihe celebraled rullcT 
ot Ciuhcl, ■uppowd lo have bein «ritten l>y St. Bencui ror Bcnigniu) ta appcMe 
hls reUtÍDHf, jiutty indignuit ttiat hc, bcing a UunslcnDin, h*d bteued Coa* 
naeht, whither hs h»d bccn HOt hv St. Palriclt lo iseaeh Cbni>lianll7. 
" Cognati Sancti Beoegni, ul papulti> Eoginle Caiwelendi, Olildluui pnigEUÍB*, 
el *lii UomoDÍenses, BDdilo prndiclo cjii« (ii-'lo, non poriim (iRenni at contrx Tinm) 
Vú indlgnati dicunlnr. S. autem Benignut, nt i*lani olIenBUn aliqUQ gralo 
díluent otweqnio, {amDsum illud chrDiiii»a, qnod Piatleriim CoMttntH nancn- 
patur, incboavit ot conipoBult; In quo non solum lotiua HibernÍB Mouu'diarum, 
■ed ipeciaiiler UumoDÍie. ocla, jura, prBTogmUvB, el «ucceatiu censcrlbiuilar." — 
Colgu^ Triu Thium, c. 33, p. 205. If we ire to uMiinu Ihai the Book of 
Bighti practieslly repro*eata and nmtahii the ■nbitanre of the pBillcr o( Caahcl, 
thu " right of a klDg " refen merel^ lo the unounl o( food and ■uppliea wbich he 
«U eatitleil to receive troni bii (eudatory chiefí. The Book o( Kíghtí la alneii- 
lorlf devoid o( anj legai ÍDformation or vaiue whatwever. If Ibe aulilac of thit 
Ireatiae «as acqnaiatad vidi Lhe Psaller of Canhel, or tbe Boak of Rigbta, it to 
dÍIGcult to understand hon he han plared the (eudal relation of the kings lud 
tbeir cbiefs upon the Labuig o( catllc and food rciit, and not upon Uie rwiiipt by 
the cbieíji ot thc citravagant aud fabulnui gifls ítaled In the Buok of Bl^ta. 
The gUla reprewnted in tbu Book of Righta, as prcscnled hj the King of Caabel 
te bia feudatocles, ire, o{ ccutbc, Imagluai'T ; but that a "Uog d{ companieB" 
ahoald take frum thv head king Hflecii cumhaU ot caltle aa hii ]<raportiolu>l« 
>tock, uul pav eight cuws a^ tbe food rent ot bii boutc, ia eqnallj incredlhlo. It 
would >ecni that buth anthara, earh aíter his own faahian, werv deglrDU* of 
staling.the relative pasition« o( the King uf Cashel and bia under king)i Tta* 
rulatlon was crcaled b; the recclpt bj tbe inferior froai tbe anpeTÍur o( aoma 
bBneíit, and a sabMquent rendor o( servico Ía cooiiileralion oí iL Tbe aetoal 
iTUDíactioa maf have taken a merelf ■ym1iiilical ebapt, wblcli the author ut Ihe 
Boak of Rlghti hw exaggeralud in a poetic (?) form, and the luthur uf Ihis tract 
descrJbBd hi aceordaacc witli thii anage prevaleal among the lower DÍasso. A* 
Ihvie niBj be ■ume wbo believe tbat St. Benean wrole tbe Psu^ler vt Casbel, I 
do not relf upon Ihe rcfcrcnce to that work as a couclninve evidi.'iice o( tbe dale 



INTBODnCTION. 



^ 



have acted if placed in theír position. If the over-lords had 
exercised this right it would have been very fortunate for 
the general body oí the people, nnd the greater part of thc 
annala would never have been written, The siiaplest ex- 
pla.nation appears to be that the king could enforce the 
cultivation of the tribe-land in the ordinary course of eua- 
toniary husbandry. The third right is that " of lighting up 
rcligion, auch as is found in the right (or law) of Adamnan."" 
The hiatorical celebrity of the " Cain-Adamnan " aroae from 
the rule exempting women frora liabilitj to military service; 
but this rule waa only one of the clauaea, and the referenee 
here made seems to be to thoae enacting the performance of 
Bpecified religious dutiea. 

The rauk of the lcing was regarded aa official, not 
peraonal ; if, thorefore, he engaged in the labour fit only 
for a plebeian, he was for the time being reduced to the 
plebeian grade, and his dire fine asaesaed aecordingly, 
The four occasions when he thus lost his atatua were 
when he uaed a clod-mallet, or a ahovel, or a spade, or 
when he travelled alone. The reason for this latter rule ia 
remarkable : " This might be tho day upon which a woman 
alone (without witnesses} might swear her child upon a king 
a day upon which no oue could give testÍmony but herself 
alone,"* a rule not devised for the protection of the moral 
character of the king, but to prevent the danger of the 
iutroduction into the family of the king of spurious bastards, 
and to guard against such mischief aa was caused by tho 
facility with which Shane O'Niel acknowledged all children 
attributed to him. In one other case the king lost his atatus, 
and was eutitled to the " dii-e "-fine of a non-noble person : 
when in retreating from battle he waa wounded in the back. 
Upon tiiia point tlie author remarka, with characteriaticall^ 
trivial accuracy, that tbe rule did not apply when the 
weapon had passed through the body and came out at tlie 
back." 

The days of week are in this treatise portioned out to t)ie 
various duties and pleasures of the kÍDg." He abstainod 



INTRODCCTION. 



from Ubour on Sundnj', bnt hia " occupation " upon this daj 
w&a ílrinking aie, aiid distributing it to othere. "he is not a 
lawful Flaith who does «ot distríbute ale cvery Sundaj." 
Strange to sajr there is no alluBÍon to any religioue ceremo- 
iiial, an odiíssíou tbe more remarkable afi the iiiithor writes 
undur evident ecclesiastical intluenoe. Tlte reuiaining dsjrs 
of the week were appropriated an follows : Monday to public 
buBÍuess ("for causea for the adjustment of the people"), 
Tueaday to chcss, Wedue8day to coursing. Thursday to 
marríage duties, Friday to hcirae racing, ojid Saturday to 
annouacing his decisions (" giving judgmcnts "). Such a 
paasage is ample proof how much of the details iind arrange- 
nientfl in this treatiae are purely fantastic. No one for a, 
mument imagiues that a king speut his tinte in thc absurd 
routino here suggested ; yet it is not, in our opiaion, more 
iniaginary than the preceding Hpecitication uf thcsize of thc 
hou8e8 au<I the amount of the fumiture of the respective 
gradee of society, Such a work as the preaent can be relied 
upon in it8 general results only ; as to the numerícal details 
vts hnve no raeans of distinguishing which arc imBginary 
and which are oxact 

Tlie king was responsible, both to his owu people and to 
cxt«mH, for illegal or irregular Eeizures or requisitions ; this 
ap[)oar8Ín anegativeformfromthoexceptionstohisaflsumed 
liability, Tlie three excepted cases ai-e; (1) the requisition 
lovicd upon a rebellious and reconquered territoiy ; (2) h 
requÍBÍtÍon upon the members of his own tribo when an ejstem 
king waa his guest; when there waa ao unusual demand 
upon hi8 ho8pitaUty ; <3) the seisiire of dry cattle which 
have ti'espastied upon the tribe waste. In the two latter 
cases the cattle were to be restored. which proves that what 
the author was treating was not the retura of (or payment 
for) the gooJs, but the cousequences of their illegal aoizure. 

The duty of haspitality is strongly enforced upon the 
king; such is the meaning of the paragraph commencíng. 
" There are thi-ee fastings which bring no offence to a king."" 
The fasting alluded to is not tlie fasting of the king, but the 



INTRODUCTIO-V. 



^tíng of liis guesta ; a feilure in the iiuty of bospitalitj íb 
olj excused by the absolute want of the ineans of pro- 
Ticling the neces3ary food ; what we should express in one 
(general term ia here stated in the form of three special ex- 
I'Ceptiona. Atthecouclosionof tho tract,theauthordescrib6S 
l.an Irisb liing sitting in state at tho head of his retainers 
* and court ; and in the passago it is certain that he has 
omitted no detail which, in hia opinion, enhanced thesplen- 
dor, or testified to the power, wealth, and luxury of a Celtic 
prince of the period.* At the south end of the housei 
wliich must be understood to be a large four-sided hall, are 
I posted the body guards of the king, four in number ; theso 
are not men of his house, or of hís tribe, but broken, land- 
leas men, whom he had freed from dungeon or gallows, or 
from aervitude of the lowest grade, men without tribe or 
home. who exÍHted ouly as tbe hirelings of their masters ; tho 
man, whose life the king had spared in battle, was not con- 
Bidered (is 8ufficicntly in his power, " for he may Iay hands 
upon him and kill him out of devotion to hit own chief or 
people" — sucb a man could not betrusted, for he had atribo 
and home to which he inight retum. Tho four guards sur- 
round tho king — one in front, one in tho rere, and one on 
either side ; to secure the fidelity of theso mercenaries, they 
ai'e watched by another stranger, one of tho hoatagea fur- 
nished by the subject tribes, or tho imder kinga ; it ia eaBy 
to seo that if this man was a hoatage for the fidelity of hia 
tribe, they in turn were securities for his peraonal fidelity 
to tho king, to secure which, further, he was allotted land to 
tbe large amount of seven cumhals, equivalent to the honor- 
price and judicial value of an under king ; he ia seated by 
tbe guards behind to watch their actions. From the king's 
right hand, along the eaat wall of thc hall, are ranged suc- 
ively bis gueats, his poets, his harpers, flute-players. 
hom-blowers, and jugglers ; opposite the king, at the other 
end of the hall, aits his champton, who would bo described 
in an Eastem court as "hia chief fighting man;" on the 
king'3 left hand, along tho westem side of tho hall, are 
• P«ge339. 




ISTilODL'CTlON. 



ranged his wife, his bi'ehon, and hi» " saer "-tenanto, or aoble 
vassala ; at the door is stationed a " maD of deeds," to lceep 
it; before the champion and tho doorward ia set tip the 
spear of eacb "againat the (S>nfu8Íon of the ale-houae;" 
cloae to the champioD, in cha.ÍDa, stand the " unredeemed 
hostages," whoso appcarance in fetters was niaDÍfeetly an 
essential portion of the spectacle. Having esbibited the 
king in fulness of hís power and splendour, the autlioraslcs : 
" Which is greater, a bing or a bisbop i The bishop," he 
replíes, " is higher, because the king stands up (ío aaltite 
him), by reason of religion. A bUhop, however, raisea bis 
knee to a kiiig."" 

The imijression produced by the Prith Gabhlach as to the 
condition of the Iriah people at the date of its compositjon, 
Í3 vcry unfavorable. Their houaes must havc been small 
and ill-fumislied ; the length of the houae of an " og-aire " is 
set down as seventeen feet — abriut the sizo of the cottage 
of poorer clasa of farmers of the present day — and the house 
of the head king ia stated to measure only thirty-8even feet 
in length ; from this we must conclude that the habits and 
niode of ILfe of the upper and lower classca wero very simi- 
lar ; the houscs wouW seem to have conaistcd each of one 
room onIy ; tlie description of a house, as having so maDy 
" beds," not rooms, in it, shows thnt they all slept in one 
chamber ; the houaes were wood, or wattIe-work, of a very 
unsubstantial character ; the hack house so often alluded to 
was probably a detached kitchen ; the fumiture described is 
of the simplest nature, and ií\ insignifiomt quantity; al- 
though Bome golden and silver articles are mentioned, there 
is scarcely an allusiou to rieh dresses, jeweb, personal orna^ 
ments, or works of art ; the ordinary diet seems to have 
been of the coarsest description ; and it is rcmarkable that 
there Ía no allusion to wine tliroughout ; the deBcriptÍon of 
the king's court must be very much exaggerated, or thesize 
of hÍ3 house uuder-estimated, for it would be impoSHÍble to 
crowd into a room of thirty-seven feetinlength, thenumber 
of persons detailed a^ fonning his court and retinue ; the 



ISTRODUCTION. 



■want of reSueinent in manners ia maike(i by the fact of the 
champion and man of deeds at the palace retaining their 
spears " against the confusioa of the ale-house." 

The old tribal organization continned to be the supposcd 
form of their social eystem. We read of the ting calling his 
people together for varíous purposes, and of the people them- 
Belves declaring the "Fenechus" law.but the uuiversal systcm 
of commundation extending from tlie low " mbidboth " man 
to the king of corapanies {eTery one of whom received cows 
fnim a superior, and piiid his food-rent), and the masses of 
non-free tenants who swelled the retainera of the "Jlaith," 
prove that the new s^stera of personal relation was being 
rapidly Bubstituted for the bond of tribal union ; the tribo 
lands had been monopolized by the noble class ; whether by 
grant or force. fairlj or unfairly, is nnimportant. Thc 
double procesa is summed in the Latin sentence — " Hfec fcrc 
pascua data aunt depascenda sed incommuni; qu» multi 
per 'potentiam invaserunt." As a natural consequence, land- 
lcBs men and "fuidhirs" abnunded ; the general instabilitj 
is proved by the cUMtom of hostages, and the piosence of the 
foreign retaiuers who surround the king ; and the rules, as 
to the maintenance of the wife of the mercenary soldier, 
ahow that the hired gallowglass, the curse of Ireland, waa 
not untnown. 

The Crith Oabhlach may be fairly characterized a^ the fan- 
tastic productjon of an ajitiquarian lawy6r of a strong ecdes- 
iastical bias, composed at a date at which tlie tribe ajstein 
waa breaking up, and the condition of the people, both 
moral and material, had much deteríoi'ated. The work Ís 
of the highest value as an antiquarian treatise, rather on 
account of the gcneral principles which it aásumes, and the 
incidental statements which it contains, than from the 
accuracy of its classification, or the truth of its rainute de- 
tails ; and any deductions founded upon a belief in its 
hístorical value must lead to conclusiona involving the too 
coramon error of aubstituting an imaginary, for the actual, 
condition of a pcople. 




INTRODUCTIUX. 



4 XII. 

Seqdel to the Crith Garhlach. 

This tract deals with the same flubject aa thc precoding, 
and can he iuivftntageouBly conaidered in connexion with it. 
In the original manuscript no special title has been prefixed 
tio the treatiae, and for the purpoae of tbe present volumc it 
has been named the sequel to the Crith Gabhlach, implying 
that the subject dealt with in the preceding tract is further 
discussed in the preaeut, but not that it wa-s a work by the 
samc author, or composed by anotherauthoraian appendix 
or contínuation of the Crith GabhJach ; in tho Inst aection 
of the introduction it haa been suffidentJy shown that two 
different achemes for tho sub-division of the nink of aocietj- 
are adopted by the respective autbors, and tliat, so far from 
being complimentary, ihe latter tract is contradtctory to the 
former. 

Tho legal rightít with reference to which the several 
ranks are clasaified by thía author aro apocified by him aa 
nine in number. As stated by the author. theae appear to 
have been aa foilows: — (1) the greatest and least number of 
attendanta brought by them to their cosherings upon their 
tenants, or accompanying them as their "company inthe 
tribe " ; (2) their feeding, probably the amount and nature 
of the fooil to be provided for them ; and the amount of com- 
penaation to be paid U> them under the following heads :- 
(3) for " esain " ; (4) for woundiug ; (.í) for inaulting ; (6) for 
the violationoftheirprotection; andaa(7) theirhonor-price; 
(8) also the obscure fines described as " blush "- and blister- 
fines ; (9) and their exemptions beforo and after refections.* 
Although the clasaification may have been originally made 
with refcrence to these several heads, the detailed rights and 
duties of each claJis are very impcrfectly stated, and all 
reference to some is wholIy omitted. It is remarkable that 
to a lai^G projjortion of the classes specified the alleged 
grounda of the classification, certainly the greater portioa 

•By "excmptioiu"' wfl iihould niidrrsUQil "privilegei" in tbe (oll ezta 
Iho wnrrt; eilher íperinl right" or íperial dnlieii, tbe enjnj-ment or pcrfomi«n 
nliich dbtinguislied tlie indivjdual ([oui tlie geaernl masa ol Ihe □atiou. 



INTRODDCTIOX. 



I 



of them are map[ilicable,andthat there is not any reference 
made either to their proportIona.te stoclc and food rent, or 
tbe sizes of their dwellings, raatters dealt with in detail hy 
tbe author of the Crith Gabhlach, The twenty-3ix claAses 
Btated in this tract of the cla3.se9 of this tnict are onunier- 
ated dowuwiirds, that is, comraencing with the head king, 
and proceedingdownward tothelowe3tgrade,butitÍ3perhapa 
more conveDÍeot in cOQSÍderÍng them to adopt the inverse 
order, and to proceed from the unfree classes aa the natural 
basis. The nine last clas.ies are intended to compríse the indi- 
vlduals, not members of the tribc, either as originally unfreo, 
or as having lost their original status ; they are detscríbed as 
not possessing a bolding.or taleatA, or follower^, aod therefore 
not worthy to fonii part of the aasemblies, or companies of 
refection, nor entiUed to "dire" fine, or to enter into 
Becuríties or give evidence. Thtíy are evidently regarded 
not as servito, but unfree, having no status, and possesaing in 
theirown personsno legalrighta; itwould follow fiomanalogy 
that their persona could be protected and their property 
secured to them only by the iiitervention of some member 
ofthe tribe, io whose "hand" tbey would tecbnicAl]y coQ- 
sidered to be. 

When the defínitiona of these nine classea are considered 
it appears tbat they are not arranged with referenee to their 
respective rights, for tbey are all described an posscssing none, 
but rather with reference to the cauMa wbeieby tliey bad 
lost, or did not possesa, any recognised status, and that tho 
nine classes are suh-divisions of one class, distinguished from 
each other by purely accidental circumatances. Tbe rankn 
thu3 enumerated are as follúws : — 

(a) A " bencbman.* a soldier of a good race " — the nearest 
to the bip of a leader when goiug to the meeting, who, 
with his wife, was entitled to free feeding, and a fíne 
for certain injuries. Tliis is clearly a description of 
tbe immediate followers of the King-, eitber of the four 
peraonal atteudants who aurrounded him Ín his hall.t or 
of the mercenaries whoae wives bad aick maintenance in 




]5TB0Drcnox. 



ri;^ht of tlteir htwbtttidi.* Tbe deflcriptian ia the Crílb 
Gabhladi of tbe dam of peraona with wbom tbe Idi^ ■ 
runoded themwlres, provefl that they «ere aetected p iMMel y 1 
beoinae tbej were not membera of tbe tríbe, and, 
bounil bo tbe lord by úmplf penocul iabereata. 

(6>t Tbe freemao wfao bad " l«t bis patríxDoojr, bis laads, and 
his vboelc, aod did not powMW aiijrthnig thioagboirt the íotí- 
tory vvnbly or invisibly." Bj the loee of alt bis propeitj tha 
frvcuian lost alao bb &tatas. This eUss must be distiii- 
guÍBhed from the " mbidboth "'inaii, the lowest clan in the 
(.'ríth Qabhlach, who, as having cattle lent to him hja lord, 
and paying food Tfat fur his honse, did ppfisesB a catain 
amount of property, hon'éver small, and therefore retained 
hÍH statuB. 

(c) A " cow grazi^ of a green,"+ a t«nn used meta- 
phorícally to express tbe case of the freeman who has lost 
h!s atatUH, not from poverty, but by reason of dÍEgraoefol 
cowardice — a inan dishonoured, as tbe Oreeks expresaed 
Ít, by baving lost his sbield ; he ia descríbed as keeping hia 
caitle within tbe green or encloaare near his house, and not 
daríng to drive them out into tho comroon pssture througfa 
fcM" of the wolves. 

(rf) A "BaÍtse'V tenant, of ubom no descríption can 
be given escept that cont.iÍneil in the toxt: — "A man 
who is not freed by profession or residenqe ; tbat man 
does not belong tn a conipany, who has not the deeda 
of 8 chauipion in him. He does not go secnríty, nor Ís be a 
pledge wíth a chief or a church, because it is a sunbeam he 
is called." 

(e) The fifth claas is deacríbed as "a man matvhed witJi 
a bad wife, by whom he is rendered deranged and tm- ■ 
8teady ; such a person íb de&ned as an " oinnit."f Extra- 
ordinary as are somo of the definitiona of the Brehon 
lawyers, it ia Ímpossihlc to believe that the author of tbis 
tract seriously infceuded toexpreaswhat thcse words, in thetr 
plain and ordinary meaning. state, and not to suspect that 
an ancient and forgotten rule, eithcr .-la to the origÍD or 

• l'ígfaal. f Í'iigi;353. 



ISTRODUCTIOS. 



I 



ime speíuBc acta of tbe wifc, survivoa iii thia a[)parently 
ibsiird description. 

(/) A " oiidhJach "• person, an effeminate, unwarlikc 
tnan, a coward or an imbecile. As the cowiu^ hna 
|Already been enumerated under the head of the "cow-^ 
l^^ier of a greeii," this clasa may moro properly include 
idiots aiid imbeciles ; the odded words " so that he ia the 
material of a victim to be given on acetmnt of the territory " 
(if the translatioa be correct), might mean that he waa a 
very fit peraon to permit to be kiUed in expiation of a blood 
feud. The word "cimbid" admittedly means a man whose 
life Í3 forfeited, " a victim," and the test appears to refer to his 
being utilized Ín this fashion, when it Hpeak8 of being or 
aSbrding the " material for a eimbid." 

(3)t A clown,nioiiutebank,or buflbon, not a jester simp!y, 
but what we should cfiJI an itinorant tunibler, dishonoured 
because hc "went out of his ahape hefore hosts and crowda." 

(A) A "rias-caire" man,+ "a robbor whom his race and 
fanúly shun, a violater of ' cain ' law, and of law, who goes 
from marsh to marsh, and from mountain t» mountain," or 
88 Ít Í8 also explained, expressive of the latter fate of such 
an ono, " a rath-builder who is enslaved to a chief and » 
church." 

And lastly, (j')t The person described as "a crurab-fox, who 
get8 the crumbs of all food natural and unnatural, whatever he 
crunches or eats is his ;" by which may be meaut a staxving 
rc^ish outcast ready to appropriate and consume the frag- 
ments of other's victuala. 

These descriptions of the unfree men throw a light 
upon the meaning and intention of the author's classi- 
fication ; he ia not merely stating the legal giades and 
acknowIedged rardta of society, but arranging the men 
of the 8ociety in which he lived, with reference both 
to their actual rank and suppoaed re8pectabihty, as he ex- 
pr^ssea it wbon he aays that persona are estimated not only 
Í>y form and race, land, tillage, and pi-operty, but also by 
their profesaion aud worthiness. It ia veiy naturol to speak 



CCXll 



INTRODUCTIOH. 



with contempt uf cowardu, foola, uiouutebaQlca, Jlic., but oo 
one can conteud that tbeae vhi-íuus disreputable charnctere 
were acIcnowledgeJ steps in tlie social hierarchy, whicb bad 
its culminating point iu the head king. 

If a writer of our own day undertoofc to deacribo the 
varioua ranks of English 8ocicty, and having commeQced 
witb tho fiillowing :— " Tramps, housebrealters, avrobatA, 
idiots, heupecked buabands, cashiered officcrs, iiisoIveQts, 
&c.," finally coQcluded with the"bÍ8hop3, earls, marquises, 
duke8, the Lord Chancellor, and the Queen," we tjiould 
underatand that lie had confused thc ideas of legal ranU and 
social reapectability iu a hupeless monner ; and yet any such 
work, if preserved to ii date at whieh a whoIly difTerent fortn 
of aociety had lieen substitutod for that now existing, woi^ld 
be valuable to tbe antiquarian of thc l'uture as iUustrative 
of the gradfttions of our 8ociety ; but we tnay hope tbat 
enough of our lÍtLTature will remain to prevent the occur- 
rence of thc miatake that insolvente and acrobats were ranktj 
in 80ciety in the sarae nianner as duke8, or that insolvents 
and bousebreafcers were pennanent eastea. 

Boaring in mind the fashion after wbich the classifícation 
of tho unfree persons hivs bocn coniitructed, let us tum our 
attention to the seventeen cla^<seB into whicb tlie free mem- 
bers of the tribe are divided. If we refer to the table íd 
page cxcvii it wiU be observed that the ranks not conmion 
to botb the Byatems of cliissification in tbls tract, and in the 
Critli-Gabhlach, are raaiked in italics. On examination, all 
theso will appear to be grades of social respectability — ^not 
legal mnks — gradesof i:espectability which gave those who 
posseased them substantial elaima against the memberB of 
their families or third persons, or affected their compensation 
for wrong, but did not elevate them in the assembly above 
the other freemen, or entitle them to political privil^es or 
grades in society arising from official poeition or public ser- 
vices. 

Thesc claasea among the nobles are aa followa : — {a)* 
the " aire-tine" the head of a "Jine " (probabIy, as before sug- 



$ 



geste<I, the " geílflne-flaith"), a person of coDsidemtion and 
importiuice, aa representing the niembera of the "fine," but 
Qo more forming a rank in the tribe than the head of a house 
as repreBeuting tbe several meuibers of the household. 

(6)* The " idhna"-person, who has a number of sons who are 
bomtohim.andof male relativca (or brethren) to thenumber 
ofthirtychampions. He isentítled tofree iivingof five from 
Íiis "fine." The key to the interpretation of thia liea in hia 
rifiht to free living from the "fine." He muat belong to a 
" fiw," and there uiust he other households in the " fine" in 
which he ahould have hia free feeding for four. Hia qnali- 
íication was the poBsession of sous and hrothers, warriors — 
thirty in all. He appearsto have been the headof a house- 
hold (or joint family) within the "fine" so numerous thst 
the household allotment being insufficjent to support them, 
a certain number were supported by the remaining housea 
of the " fi.ne." A peraon, the head of a numerous household, 
would manifestly be one of much powerand influence Ín the 
early stages of aociety. 

(c.) The " ansruth"*-per8on Ís descrihed as one " who 
protects his mansion and his land. He is aliowed (lit. 
For him w) the wounding a person in each term of 
the yeai\ He has no fewer than twenty (attendants) 
in an extern territory. He has free feeding fo» four on 
every side, and from every chief Ín his ' tuaith.' He is en- 
titled to a trusty sword for his honor-príce." As the 
"ídhma" was entitled to support from the "family," the 
■" ansruth" waa entitled to it from the tribe. His poaition 
involves the wounding or 8laying of his others, and hia 
ahsence frora the tribe-land with the accompaniment of a 
atrong escort. His peculiar honor-price, the sword, indicated 
his office. He may be easil^ identified with the " aire-echta" 
of the Crith Gnbhlach.t 

• Psg«S49. 

f Thc poeUion of the rhampion or cieÍBnder of s iL'rrilorv i> wpll !]ln«tnil«d b]> tha 
foltoiring passag? of Ihe Tain Bo Choailgne : — 

" Cucbulsinn Ihen ulced bis chiríolcer where the gifaX road which puwd 
Emuii* led lo, uid he «nswered lh« it lod to Alli «a Fnrain (i.e. Ihe Ford ot Wuch- 
ing) st Aliabh Fnaid (■ well'known mniinUin Ijing at (he «onth ol incient Emínl^ ' 



i&Ttuiorcnos. 



(d) Tbe * «W-penon' it descríbed w coe ** who fer 
uwtfcer goes to figfat bis bBttle, vhcii he has no bdp o4' 
bífl ÍMmilif.'' Tb« poátioD of thi* ftxwa n detenúned 
hjr bn reUtict) vith neitiier the &iDÍly nor tribe^ bat 
wítb Boiue tiúrd peraoo or peiwios, wbose qnsml be bnB 
espoiued. His poeition resemblee that of a patron with m 
cUent, or a cfaief to wfaom a poor aod oppreeeed man com- 
tnende himselC Perfaftps tbe descriptioD is intraded to ftpply 
to tbe lender of faíred gmDowglMaeB, tfae condottiere of tbe 
period, wbidi intefpfetatioo is rendeied probsbte br tbe 
phrMe, " be Í8 entitled to free feeding and íltat of kú tU- 
ditnn Acbaracter of thU descripti.jn, un<]uubt«dly, ncv«rr 
formed one of tbe Donnal nuiks of tbe aacient tríbe. 

la tbt («««I (DWIjr al ArB>«(h!i ' l^hf ú ihr tnrrl eiIM tkc Ttai sl WmA- 
ia|[7' Mid CwhaUiDD. •Btraoft,' —iá tW. 'ibm ■ 
CMMUatl)' waUUag umí gsuding tbm. bi (ir<lTr Ihat lu 
Aoald UDpcmJTcd «itB lalii Cblcr, «ílWt bdnc rhtUf f«»d bv bia to twnla ; 
■■d iIh chAtnpiaa ina<t ■niirH' lur ■iit •o'-h rhallrngr ou lli« pui dí tlir vbula 
frovlm.' ' I(o j'ini Iiduw vho ■■ it Ih* ford tn-dii 7 ' Hid CiichDtaínii. ' I do, 
htdMdi it !■ the Tiliant iDd rirtorioui ConiU Crutiach, Ihe RaTjtl rh>a|iHin of 
Erfnn,' HÍil IIiv. ' WtU, tben.' wld CnebaUinB, ' ^00 drire un oBta n rwl 
tlUt tori:-—Tran*taléd bf Ur. CfCarrj. " UammrrM aii4 Cmtlamt af O» 
ÁariM Iriih,' ToL ii., [>. 365- 

• Page84B. 

1 Hr, vhiM uuBj lh« " ilae "-perwa uaertnt, vmn Bcuc«ly h>Te hfm ■ prÍTAle 
liblírídiul, U ■□}- •}-(l«n of tribt law wluLxieTer eii«t*d, Dor tigun am n 
Diiilcnland ■ prÍT^Ie indlTÍdnal *Dp|Jf úi); fne leedin^ Lo bim >nd hii «oldien. 
Th» MBpln;*r «I Ihe " i*e "-mta uid hi» merfenaries mun b»i-e been (I laaet ■ 
tribe chiet, aad Iheiwulenre." «hen he hu nol the helpot ■ famll^," riprenn tba 
Iwltpaident pudtlon tuw*rd* bEs Iríliunien, whicb ■ chief enjn^ed wbo hu) 
•ecured aterc*iur]rsu]>jiart Tbe "dae"-niui woaldibaibe Ihclnderot Iheoin^ 
c*n>rT ifiuird, or he*d al thebouHnrliiaf ■chief. Such bodia nl niin werc called 
" /.i^ Ti/ke," or IlDiuehuld Trwiph The íueit Tighe ol Taitb; O'SfllT, King 
of Ui Main», in CoDnuhC, uid ol Fergfaat O'Ruaire, Iving of Breclnev, wtreeon- 
•Idcuoiu U th« twttle of Cbnluf. A.D. 1014. In 1S93 BufA M'Guin, Lord cf 
Cermuiigh , morcheil to balUe wiUi tbe people of his own lcrTÍtorir, uid ■ bodj of 
" ÁmMuít,'' or merrenai; huuKhold Iroiipa driwn from olher terriloríes or CDDnirlei. 
Tlie rcgaUr orgaaiulion ot Ihene bonsebald tmapa, orbodTgiurdsot IbeebÍBltiin, 
■ppewii fram th* ninMi ol dÍTera plicen ; for ei^mple, we luioV Ibal tbere w» 
■Dcienllr ■ dlntrlet In Mona«h^ii called Luchl T-gíi tnhie ilatligantina, thal », 
HwMthon'* IlaiiM-hiild. bcraDar il wu eicluuvel^ devolcij 
ol Ihe cbieTi houiwhold Iroapt, who Ihiu " nere enlilled t 
.iilei,"— (7CBrr„. '• ifxnTi'r, n„d Cuétum. 0/ Itt Am-Uní 
B'll-S. 



I 



free fceiting on all 
/r.V*." Tol. iL, p. 



INTHODDÍínOB. 



I 



The three classes of the (e) " ogflaithem," (/) " lethflaiUiera," 
and i«f) "fiaithem ofone vaaaal,"' are inerely Bub-divisioDHof 
thtí poorer " flaiths," with reference to theír inc'»ine, the 
amount of which naturally depended upon the niimbcr of 
their tenants ; but there is no reaflon to beiieve tliat the 
rights of a flaith were meaaure'I in accordance esactly with 
the number of his tenants. Undoubtedly the " fiaiUi," whci 
h&d a large number of tenants who swelled the train of hÍA 
retainers, and paid him food rent. which enabled him to iiu[>- 
port otbers, was a much more important [lerson than the 
" Haith" with few t«nant«, and that poor brolccn-dowD 
" flaiths" with one, two, or tliree old tenanld were very littlc, 
if at all, above, in public consjdenition, the cow-<JwntTig 
chnrl, who wan rising into the noble class. 

It ap[>ears from a passage in the last tract publÍHhed iri 
this volume that the descendant of " flaiths" might fall back, 
under certain circumstADces. probably the wantof (jua]ifying 
wealth, into the DOD-noble clas» \i but tliere are no ground)! 
for coDsÍderíng that the "flaith" below tlie aÍre-tuÍHÍ were 
legally divided ínto ranlca Ín the exact ratio of thcir fortune- 
The diflerences as to thiíi point between this list and that 
contAÍned in the Críth Gabhlach are verj instructive as to 
the mode in which these detailed eniuneratíons were com- 
[M>3ed, and the rcliancc to be placed apoD their niimerícal 
statements. In botb list^ the bo-aire takes the highe«t [xmi- 
tios among the noD-Doble classes ; aDd the ranRs above tliat 
are " fiaiths " or noble ; tbe entire body of ihe " flaiths " be- 
low the ranlc of the " aire-ard " (or that of aire-echta X) are 
iticltided, aceordÍDg to the Bcheme of the Críth Gabfalacb, in 
the nuik of the " aire^Íesa "; if the four clawea of the " aire- 
fme," " idhna "-peison, " ansmth "-penon, and " da« "-peraon, 
be stnick out of this list aa not rBpreaeDtiiig ehwa proiierly 
90 c^led, tbe three remaining claseefl of tbe " og^tbetD," 
" lethflaithem," and " flaithem " of one vaonl renMÍn, «ho 
mnat &11 within the class of the " aire-deaa," u defined bjr 
the Crith Gabhlach ; but tfae ooalification of ao " aire-deaa," 
*B defined in the Críth Gabhhcb, waa elereo ceoaitts, mmI 




ISTRODUCI'IOM. 



he waa eDtitled to feeding for ten coupies. It íh evident 
therefure that mtiiiy of the " aire-desa. " closs carniot havc 
had the weaith specified in the Crith Oabhlach aa the quiJi- 
fication for that rank, and that, despite the dirainution of 
their wealth, they still continued " flaiihs," as long, if we rely 
on the stateinent in this tract, as they had a single vaesaL 
This is perhaps what is ímplied in the detinition in thia 
tract of the " aire-desa," as " a man who had preserved the 
patrimony of hia father aiid graudfather in the same condi- 
tion aa he had found it before hini, and who aecumulatea"* 
The name in this tract of " flaithem " of one tenant may, pro- 
bably, at the dato of this tract have been equivalent to tbe 
Freneh termofthelastcentury,whÍchdescribedaveryinipecii- 
nious nobleman, as the seigneur of a duck pond, the smallest 
conceivable amount of real estate which enabled him to assert 
his position as a seigneur. The " uititne " person, as described 
in this tract, might be suppoaed to represent an oflice, and not 
a class, but it is dear that there must be interposed between 
the " bo-aire " and thc members of the uiifree classes, a claaa 
representing the freeman without the full pi-opertj qualitica- 
tion of the " bo-aire," and the amount of tlie honor-price of 
the " mbodboth " and the " uaitne " man being identical, 
there are Bufficient grounds for considering the two name« 
a.^ different designatious of the same claíis. 

It is important to subiuit the schemes of rank eontained in 
thcse two tracts to close exaniination, as the apparently 
anomalous character of the Irish tribe has been chÍeBy pro- 
duced by the assumption that the Crith Gabhlach should be 
admitted ríi ao exact and historical document, and íts 
numerical statements reeeived without reserve aa truthful 
representations of existing facts; so long as this mode of 
treating the Brehon Law tractsholds ita ground, the ancient 
Irish tribe sy8tem must conLinue to be considered, as it has 
unfortUDately too long been Ímagined, as an exceptíon and 
an anomaly, a maze of technicalitiesincapableofdisentangle- 
uieat. 

Tbe ti-ac*, next proceeds to deal with the rankB of the 
• Pttge SÍ9, 




INTRODCCTION. 



Ifanied profesaions, before enunieratiiig tliose of the church; 
the mode in whioh the various ranks in the several scalea 
are considered equnl to each other, and a harmoiiy attempted 
to be established thronghout, appe.irs in the foUowing intro- 
ductory pasaage i — " The distinctions (or titles) of wisdom 
Cliterary profeesiors) now are different fix>m the titles of the 
laity, because it is a " cunihal " of iacrease of honor-price, 
which each grade of the church takea, from the lighter of 
caiullea up to the psalm singer. It Í3 by seds, however, the 
increase of the " fine " grades and poete progress from low to 
high. Their proof aiid theu' deniaJ too coirespond; "abishop 
and tt lcing, the origin of all chiefs," &c." 

The classification of both the Ollamhs aud poets is 
plainiy merely an exerciae of the imagination ; the 
epithets and ranks are founded upon conceits, analogtes, 
and pIayB of worka, and there is no practical Ínfonnu- 
tion to be gleaned frora them, Upon the other hand, 
the discussion aa to the " dire "-fines of ecclesiafiticB is 
one oí the niost interesting passagea of the Brehon Law 
tracts, as illustrating the period between the breJik up of 
the Columban 3ystem and the institutiou of a regular epis- 
copal hierarchy. The díscussion upon thia subject com- 
jnences with the following extraordinary pasaage : — 

" What is the highest dignity on earth í The dignity of 
the Church. What is the highest dignity which ia in the 
Church ) The dignity of a bishop. 

" The highest bíshop of these Ía the Biahop of Peter's 
Church, because it ia under his subjection the chieft of Rome 
are ; and they are not under the aubjection of anyone who 
haa not virginity, or repentance, or lawful cspousal; and it 
ÍB tiO him that seven cuinhala are payable for every degree 
of the seven degrecs (or ordera) that are upon him, if there 
be eric-fine for him at all ; if not ' eric '-fine, there ia to bt 
the death of a person for it. 

" Where is this to be foundí It ia in the tract which 
Augustine wrote about the degrees of the Church, and of 
their dire fínes ; and of their aon-feedings, and the particular 



rSTRODLCTlON. 



law of the church of Peter, aud the emperor of tlie -wholc 
world." 

The scheme upon which the cleric iire arríinged íb n 
double gradation partly cohnected with the ordere in the 
church, and partlj in connexion with the religious condition 
of the iudividual. Il ia needlesti to obaerve that the moral and 
religious merit of the individiial ia referable soleij to the 
one virtue of continence ; but it is C6rtainly Burprising that 
the author arrangea all classes of the church, inclusive of 
the recluses into the three clasaes of virgins, niarried, and 
repentant. Every tine must, therefore, be the reault of three 
qimntitie3:^the official poaition, the moral state of tbe 
injured cleric, and tho nature of tlie injury inflicted. It Ía 
impossible to construct in a tabular form the amount i>f 
compensatien payable in each case, as the results stated io 
the text do not all coincide witli the theory on which tbey 
are profesaed to be calculated. The general prínciple, how- 
ever, is clear, viz.: — that the full amount calculated upon the 
i-ank of the injured cleríc, and thc nature of the injury, ia 
payable in the case onIy of the cleric being a vii'gin ; this 
amount is reduced by one-third if the cleric be married, and 
again by anotber third if he be penitent ;t and that betwoen 

■ P. 3G3. Can tbe «ulhor oí thln pwiugG h»n liwil «F tbe " De Ciríttti Dd," 
■n<1 LiiDceÍTBd it )d be ■ wurk oí the chonfter af tbe Crith Gabhlsrh? 

t The peDÍtence ul the biahop miy be rcffrible to uncbaellt}-. either liefaia or 
aller hii conaecriitinii. Tliat chirgps of thla deBcription migbl lie brought agtUnrt 
* biibop, hDwever etnineat, ■ppcnrs Irom the Confes^oa ol St. Patrick: "Poit 

antMiasm eiaem di^couiu. Proplir uixietatem mato ■nlmo tnainu^vi unidnmo 
111«) que ía puerítiS in?(l util die geascrim íd nno ÍD uai hord; quia noDdam 
prevalebiun neacin, deui seil; et hftlwhain tnnc «nnia quindecem Pt deum vivnm 
iion credeham, ncque ex liilcDlift meá sed ia morte et ÍDcredulitute nLsaai donc« 
valde ciutigslus «am, et in vsrllale bumilietus aum ■ lune ct Dadit*te el cotidie 
coatTB hiheriuae aoD ep«ate pergebam, £c. — "Nalionsl MSS. of Ircland," Vul. II., 
Ap. tlt.i. 

The Brehoa law^en >ridenliy ciiTilempUted the caie of a biflhop fatlin)- into aia : 
"Tberearo toiir digDÍtaries ol a terrlloij who míj' be degradtdi « Inlse-Judging 
king, «(utnWnj/ WiAop, ■ Iríaduleut poet, an nnwonby cbieftiun who doe» not 
íulfll hi* dutiea. DiíB.fineisnotduototheíe"{flnt«, Vol.L,p.56). See elso th« 
gloí» upoa tbla puBige, tbe meuiing ol wbich ia clesr, •llhough the trwiaiilion 1« 
qaationftbie. It ma<r be inrerred Ihat Ihe ainlnl and DHn'peDtent biahop BaBerrd 
B '■ diminntla capitia," is did the king when engaged in Mrvllo occapalloD». 



INTRODDCTION. 



the paymenta on account of injiiríes to derica of varioua 
ranka, there ia to be made a deduction of one cumhal for ettch 
grade in the eeclesiastical orders. It ia very doubtfiil Íf thc 
seven grades referred to Jii the text are the same as the usual 
ecclesiiistical orders, as the clerical studeiit and tlie recluse 
would seem to be included in the computation. The author 
appears to have conaidered that, in Bome cases of exoeptional 
iniquity, the process of compensation hy eric-fines waa in- 
Hiifficient. 

" What Í3 the penaltj (lit. deht) of wouniiing a virgin 
bishop í Three victims (cunidh) are to be hanged for every 
hand that wounded him ; half the debt of wounding ia paid 
for insulting him." " As to every persoti who sees, and who 
doea not protect him by all hia strengtli, by all hisdeeda, 
and that the gULlty person escapes, it is seven cumhals that 
are to he paid for his sick maintenance and his eric fine."* 
Again — "So it is with every grade of virginity until it 
coniea to the case of a virgin cleric, so that there are seven 
' cumhala ' for wounding him, or a victim."t' 

Thesepassagesprove thattheauthornotonlyimaginedtbat 
an aggravated injury of thia class would entail the puniah- 
ment of the guilty parties, but would also require "blood" ex- 
piatioD. These passages explain the expresaions used in 
reference to the " midlilach " person in this treatise, viz., that 
he would naturally afford the material for a victim, Such a 
mode of punisliiiig or avenging crime is inconaistent with 
the whole tenor of the Brehon law, and perhaps indicatea 
tbat the author was a cleric, or of clerical aympathies, who 
cnunciated principles for the benefit of the church which 
never formed jiortion of the cu8tomary law.J 

• Pb(!« 3fi3. t PaBe ^G'>- 

■ The dootrine o[ tha eu[y Irish Church of iha npcessitv oí blood-ihaldintf ti 
■□ ospiítion for Wooil is fullj' set out in the pniim of Dubtiiach Slac aa Lngair, 
•uppoMdto b»vB be*n ríriled in the ptesencfl of 8t. P«trick, itnil under Ihe 
immeiliale inipiralion of Ihe II0I7 Ghost: 
" The tnith of the Lord, 
'ITie t*atimony ol Ihe New Ldw, 
Warruit thnt NuBda ahall diei I dtcrce it 
DÍTÍne knonledj(e, it ii ^ddwd, decidsa 
(Tu which veneration is dne), 



ISTROurCTIO.V. 



The foUowing passage is remarlcable a» a proof of tlic 
religious ideas which existed at tlie date of Ihe coDipogÍtÍon 
uf this trentise : — 

■■ There are three kiiidB of reclufies Ín a church, í.e., a Iay 
recluse, upon whom a noul-friend pTOnounces his character 
of apjrroml, and who goes to the sacrament, who is iu the 
true unity of the church, without power of foot or hand. 
It is os a grade of virginity he is paid _/?»?«. He is of equal 
'dire'-value with a virgin clerical Btudent; so that there 
are seven cumhals for wnunding, and he is of equa! ' dire '- 
fine with him io every dignity besides, and shedding of 
bloud, and white blow. 

" A lay recluae upoii he pronounces his character, who 
does not go to the sacrament, it ia but two-thirda he reaches 
to the first lay recluse. 

Thal Mcb 01*0 íor bi> ninie 






ÍMlh."- 






" rbsre was in the Fim Law ol the men of Er 
That wbich GcKl bu not Toocbured in Hii Kew 
The Trlnitj' did BOt vuuchwiFe m 
Tbrough hecreni; ■Uennlb to si 
¥ia it wu perpfltn&i e^tilteiii'e 
Gwi gave biin oí IIIs niervjr, 
tlntil otlierwÍM he meriteil 
By Hewrving death. 

Let every one wbn Idlla a hamin l>eing; 
Evcn Lhe Iting whii seets ■ wmth with liis hoito, 
Who inflict» red wonnds 1iiteDtiaa«il7, 
0( wbich anv penoQ diee ; 
Everj powerleiw in«igniflcanl |)er<on, 
Or iiobtest dI the ieuned ; 
Fed, everj' living pernon wlio iaflict* dnth, 
Whoee mÍMleedi ire jndged, Bhali Enffer death. 
He wbo lets ■ criiaiaal escape ii himMll a enipril ; 
tie itaall lafler tbe death ol a 






In tbe judgment oí Ibe taw, which I, «9 a poet, have rectived, 

It ii evil to kill bjT «. [oul deed ; 

I pronounce the jailgment of destb, 

Of death lor bii crinie to every one leho tilli. 

Knada ia adjadged to Ilcaven, 

And it la noC to death he is idjadged." 
u thn* that Ibe two lawsi «ere fulfllled ,- tbe culprit wu put to death (or 
í, uid bii «onl WRH pardoncd aad geDt to heaven. What WM a^ed Opon 
len of Erin wai, that every one jíon/ii bt jiVen up (or hl> eri[ne, that sin 
M olberwi-e mrríaa» in Ihe ÍíUnd.' Ante, ToL III., pp. 1 1-13 & \i-x\l\: 



INTRODrCTION. 



" Anotlier Iay recluse is he who puts bouiids to hia pasBÍona, 
and who goes to the clergy thia day, upon whora a aoul-friend 
does not pronounce hia chai-acter, or recoramendation. To 
tke extent of two-thirds be reaches unto the middle Iay 
recluae." 

" A person should not wonder that there should be an equat 
" dire "-fine for the lay recluses who are without virginity, ií 
thev be beloved of Ood, and their worfes great, if their 
iiiiraeles arc as numei'ous, or Íf they are more numerous in 
tlie aame way tliat Peter and Paul were to John, and in the 
same way that Anthony and Martin were ; ut dixit Sciptura, 
" ubi hubundabit dilechtnm, super habundabit gratia."' 

The author manifest]y regards St. Peter as having been a 
inarried man, aod, witb reference to Paul, puts a well- 
known construction upon the twelfth verae of the ninth 
chapter of the First Epistle to the Corinthians. 

The pecuUar viewa put forwwd in this tnict as to the posi- 
tionand duties of the clerícs arc remarkable,andare of Ímport- 
ance in fixing an approxiraate date for the compoaition of this 
tract, The bishop, not the abbot, ia the highest known 
ecclesiastic, indeed of the abbot there is no mention whatso- 
ever ; the marriage of the olerics is assumed as permissible, 
althoiigh discountenanced, inasmuch aa the married eleric 
thereby to a certain extent lost caste, aa proved by the pro- 
portionate diminution of hia " dire "-fine ; the rechise is 
treated as an acknowledged order Ín the Church, and he is 
intimately eonnected, for the purpose of the amount of his 
"dire"-fine, wíth his soul-friend ("anmchara"); the Pope 
was recognized as the highest bishop of the Church, and as 
'ruling over Rome ; and in the reference to the imaginary 
work of St. Augustine, there is an allusion to " the emperor 
of the whole world." Theae indicationa point to the transi- 
tional and obseure state of the Celtic Church after the break- 
ing up of ttie Columban monastic sy8tem, and before its 
oomplete reorganization under continental influence, to thc 
latest period of the esistence of the Culdeea, a remarkable 
era Ín Celtic ecclestastical hÍ8tory, which has been lately 
• Piet3G7. 



ISIRODUCTION. 



fuUy dealt with, so far aa the 6caDty exiating miit«rials 
pcrniit, by Mr. Skene.* The alluaion to " the emperorof the 
whole world " may help in some degree in fising the date of 
the work. A Celtie pilgrim retuming frora Romc would 
Btate the impreasion.i which the existinf; statc of facts pro- 
duced Qpon him ; hc certainly would not be iníliienced by 
the legal theories of the civil lawjers; the abstract idea of 
the all-rulíng eiiiperor would not occnr to him unless the 
power of an esisting eniperor were brought homc to his 
mind by what he saw with his eyea and heard with his ears 
among the public of the city. A pilgrim to Rome during 
the interval between the dÍ8íi[ipearance of tbe influence of 
the Eastem emperors and tbe date at which the Culdeea 
finally ceased to exist, could have his attention drawn to the 
iniperial power, aa a universal domÍQÍOD, only at two distinct 
periods — either during the reigns of Karl the Great and his 
»on Ludwig, that is, betwecn a.d. 800 and a.d. 840. or after 
the resuscitation of the imperial power by the Emperor 
Otto in A.D. 951. The expression of the Bishop of Peter's 
Church "baving underhis subjection the chiefs of Rome" 
(mJess thÍ8 be merely a Celtic phraae expressing flovereignty), 
would exactly describe the position of tbe Popcs after the 
I later date. This would point to the cnd of the tenth or 
' beginning of the eleventh century as the probable date ot 
the composition of this tract, 

From these, and the various i-emar^able pointa of difli'r- 
ence between this tract and the Crith Gabhlach, already 
alluJed to, it may be inferred that the present treatise is the 
more ancient of the two, and represents an oldcr condition 
of Irish 80CÍ6ty. A considerable portion of it, so much as 
deaJs with ollamhs and poets, is purely fantastic, fuU of the 
false discussions and quibbHng classification so much in 
vogue with BrehoQ law^ers, antl valueless except as a 
monument of misapent timc and ingenuity ; another portion. 
80 tuuch as deals with the clerics, although most valiiable 
from an historical j>oint of view, cannot be considered as a 
practical statement of existing law, but i'ather as a covert 




1NTU0DUCTI0>1. 



nttempb tx) introduce legal inQOVatioDS in favour of the 
L'hurch ; the reHÍdue, which treats of the classeti of the tribe, 
ÍB inost valuable in every reapect, although in dealing with 
it, and discussing the principle of the scheme upon which the 
i-anks of the tribe are claseified, it cannot be forgotten that 
it waa written by the author of, or at least ha-s been com- 
bined into one production with, the two latter divisiona oí 
the work. 

xiri. 

SUCCESSION. 

The last tract contJiined Ín the present has no heading or 
title in the original ; it haa beeu uamGd, for the purpose of 
reference, jis a treatiae on " Succession," ina^much as fJiat íb 
the subject which the authoi- proposed to discuss. This 
work Í3 of the fragiuentary charactei', being nothing more 
than a collection of unconnected extracto or references, 
thrown together ÍQ a note-book as the materials for au 
intended work. 

To this tract there is prefi^ed the following extraordinary 
head-note : — " By this book, if I can, in the nanio of Gotl, I 
will bring the senior before the junior in every case, íw these 
Iaw3 down here state. Beyond this I will make an inter- 
mixture of their law altogether."" 

The object of the work was not to state what were 
the cuatoraary law upon the subject dealt witli, but to 
collect authoritiea in support of an argument in favour 
of succession by deacent and seniority, and, it inay be 
gathered, in opposition to the rulea regulating it by per- 
aonaJ merit, property qualifications, or clection. The 
author must, for the pur(K>se of extract and reference, have 
had before Iiim a considerable number of works, which it 
would be Qow dÍfBcult to sscertaiu or identify. As to the 
paasage near the coromencement of the tract, conceming the 
succession of an abbot,* it appeara that the authority refer- 
red tiO is the concluding paragraphs of the Senchus Mor 
with the present annexed commentaiy,t 

Although from ita form, and the obvioua Íntention of it.i 



• P*ge 376. 



tVol.3,piit-e 79. 



INTRODUCTIOS. 



c!ompo3Ítion, tliia work ia UDsatisfactor^ and of no authority, 
manjr of the extracts contaÍDed in it are both interesting and 
important. Many of thera support the doctrine that the 
gnide of an individual in the tribe was oríginalIy fixed 
with refer(?nce to property, and that the loas of the qualifying 
amount of property involved a diminutio capiHs; e.g., 
" Qualification ís nobler than age."" 

■' The senior doea not go beforo the junior, unleas he be 
wealthier."" 

" ' A tÍDg without prt>perty is no kiiig,' í.«., as to teoanta 
and kine."t 

"'No unproductive person merits a share with the Feini,' 
í.e., the peraon who is barren, withont property, without 
worthinesa, does not merit a noble share of ' sniachl '-fínes 
or 9Íi.'k attendance, according to the ' Fenechua '-law,"í 

" ' Let no wandering men paaa judgment,' i.e., there shall 
hp no honor-price for the person who is wandering about 
without property."t 

" The inferior man with property is put Ínto the land, or 
the chieftainship." 

Other extracts aceord more permanency to the statua of 
a noble when once estahlished. The " aire-forgaiU " chief 
deservea a chieftaínahip or an abbey," even though he had 
but hía arina or his rainient, he shall have the honor-price 
"f a king, or of an " aire-forgaiU chief "; to which statement 
the author preíixes the reinark — ■" I wonder at this," and 
po33Íbly considered it bad law.§ Other extracts prove that 
among the Celta, as elsewhere, the claim to the hei-editar^ 
transniission of property and office was graduaUy assuming 

legal form : — 

"The 8on of an ahbot in the present church, 
" A fact estiblished by aense, 
" The son of the husbandman in the territory, 
" The son of the king to bind the hoatagea."5 

This is obvioU3ly a verse of aome compoaition intended to 
favour the hereditary succesaion to the coarbshipa of the 

•P<ge377. ♦ P«ge88l. 

: Piee 887. { Pago 3^3. 



ISTRODOCTION. CCXXV 

greater monaateriea, and even to infeiior but profitable 



• " In Iho mona«[ei7 of Lusfc, in the llst of [he »bbiit9| heíween the jeari 721 
■nd S27, ffe find that the HoiDd and third ibbuts wera lirotliera, and Bona of Ihe 
flnl kbbo[ nained In it ; that [he fouríh ibbot uid the prior wete brotheii i thst 
theiua of che Mcond «bboC was 'ecDaomoi,' or houie-titeward ; [hU the Gfth 
tbbot nita aon of the tbÍTd ; thit lh« elghth thlol wss son of the «Ixth ; >nd 
th«[ the tenth abbot and the Biflhop of Du1«ek >ad Losh wcra brothere, nnd Boni 
of the eighth ibbot, Agaln, In the monastcr^ a( Gleinn Diuean, aeai Cnrlaw, 
m flnd, betwixn 874 snd 1016, Ihe nimes af t\ght ■bbols ind One Aircinneci, or 
Ereo>gh. Of theite, the eei'ond and thiid ire brothcri>, und aona oí Ihe Srst ; the 
rourlh «nd Btth ire brothers, snd sons oí the Ibiid; Ihe sixlh was foBter-son to 
the wconct, whils hls Bon wu AirciimteA, or Erensgh ; the seventli ihbot wis soo 
of the foorth, snd the eighth grandeoQ ot the sei'and. Here the whoic are diiect 
dencendanla of the abbot who dieil ÍD 874. Thua we find that the otlica of 
'ecODoinna,' or hoa'MS-Btewiird af Annagh, was h'-redllarj from 779, when tha 
dealh of Ceamach, Bon of Suihhne, who was b'ishop of Armagli. is recorded, 
when ha ia called e«unomus of Armiigh. He is lucceeded by three sona, one 
•ítor the otlicr. IIis grandson, by the third nn, ís bÍ9ho|) and anchorite of 
Lanu Ldre. Tho lon of the Inlter is abliot of Lann I<eire, lad ' eainomua ' of 
Armagb, whoae son agaln ia abbol »f Lann Leirc. But, perbipa, tbe niost In- 
nructlvv examgile ia eonnected with the velubrsled manMster; of Clonmacnois. 
Torbacb, abbot or prinute uf Amagh iu SIS, waa the aon of one abbot of l.outh, 
■nd the fsthtr ot anolhei abbot ol the same pUce, and from hini desovnded a 
family who Blled inaii)' oRicca conneulcd wiili Clonmacnoia, and vaong them we 
find that oven anchorites married, and wcre snocceded by «ons. The familf were 
called ths Cinel Tai-baii)\. Their connexloo wich Clonmacnoia began wi[h hia 
Bon Aedbagan, who died on bia pllgiimage Bl Clonmacnoia in 83t ; and hia eon 
Eoghan, Ibe anchorite, who died in S46. Eoghnn'i toa, Luchairen, Bcribi: niil 
■nchorite at Clonmacuoii, died in 8C3 ; and in 893 hts aaa, Egerlscb, the .4i>-c<ii- 
necjt, or Erenach of Eaglais-Beg, ar tha little cliDrch of Clonmacnoia, died. Iq 
947, the Bon of the Istter, Aenigaa Ercnacb, ot the little church, sad biBhiip and 
pnro rirgin — tbat is, unmarried — dieil; and !■> 96S bis brolfaer, Dunailhach, 
blshup of Gaamacnws, whose snn, Dntichadb, Fer!agli\nii, or tectiH' of Clonmac- 
nols, ond lla anchoriie, afterwards heod of ita rule and bÍB[ory, dlcd in 1005. He 
waa falher ot Joseph, who waa awncjtaro, Boal-frieiid or confessor ot ClonmacnoÍB. 
. Joaeph'B aon was Conu iM-nA>c*í, or of the poor, who appears in tbe " Anoala of 
the Fonr Mastera." in 1031, aa " Head of Ihe Cele Ite, and anchorite of Cion- 
macfiois, and wbo invi1«d a parlj o[ Ihe poor ot Clnain at Isael Chiaran, Bnd 
who prosenled twenty cows of hia own to il. And Conn was fathet of Mnol- 
chiaraÍD, Coarb of Ciaran, or ahbol o( Clonmacnois. ll is unnece.i.<ary to tollow 
this further; bnt it Is ohvioDí how prevaieal «t Ihis timo ÍD Ireland wna the 
narriageof tbe clere; ot all clasMS, and Ihe perpetuslioD nf thvir ecclBaÍastÍcal 
OlEcei In tbe Íines of thelr dcBceadants, and Ihit il had evcn hroken down the 
MCelidsm of Ilie anthurile, and Ihe canonical rnle of Ihe Crlt Dt in thia respect. 
In Scutland we tiud tbal the territorv o( the oid monaateriea was catled AMai>i«, 
Or Abbacy, a wnrd repreeented ia Latin hy Abbaiia or Abtluaaa, and had, lo ■ 
great exUDt, paised inlo the hondB ot laymen, who otíei) retaJned lor Beveril 



CCZZVl 




ISTOOULXTIOS, 



Tlie aimt iininjrtaiit extract« here contained have refer- 
enoe to tíie nile of threo denixatii, before relerreii to, which 
(loturmíiii^l tlie Htatiut of an ÍndÍviduAl with reference t« 
that of hiíi father and griLudlÍithur, viz. : — 

" He'iaa. dÍDeaBe of evila níÍÁiT three perBona."* 
" He ifl a hill of chiuftaitiithip in tbe third person."' 
" For ib give» a ]ire8cri[ition of acknowledgnient ; three 
heim havB «uccouded one another."* 

illuui Itw naBW ot aliliut. Tlie lerrllor^ tcrmcd tJit> Abthuiis ol DdII. 
I «M ot gml mxttui, ■imI loduilsd Ihi madiTn parlaliH ol DuU uitl Fartin- 
Merru f) hava Iimb Iu llia luuiLi ol Crioui. Ibo Uy Bbboi of DniikvM. and, 
wllli tbo jnnBHBlQn» of th* UlUr »lib«cy, murt liave pUped liim on » par 
M lu iHiwgr uul |Ki>ltlan irlth thu gtnl Mortuaera al Albiu."— Skeui! : Celtlc 
S«.tUl»l,Vg1. II., |>. »41. 

Th< «■1ISM aiitl tliu rv-iu1tji ut iliii uinrrlAttB "' vlnici In Ircluid •nii ScutUiid 
la Ihua «lated by Mr. Skanei — 
" In tba H*rly Honuilr Cburah ot IroUnil wllluc/ wa* enlonvd npon «t louc 
M nf tbe monliii, lor Iha Mtnta ol the ■eoonil order rufawd thr senieaa ot 
l, HiuiriltlnA them frum l.ha miiiiuterliw ; but Hlll theie wu ■ «umuian lo 
tho ■bbavji. tho Iflbe or ftrallr in whom U w*> vMted pmvidlDjg ■ lil ponun in 
Orilnra !•• dU llifl otHce i hut when the ■trlnsem? ol Ihe monagticrule wan br»ktiii 
lu npiiD, uniÍDr tho Intliicaiio of tbo «oi^uUi oltTgj, nurrUgD vu gniilnillj pcr- 
mllled Uiil ninnlvud at, *nJ at Ungth ba<)«me gnnoral, the rebounil towud ■ 
■otuIm' alMe lielng HTeat in pmpiirtiiin to tlie enrnroed ■irletiiess of the prevIouEi 
ivititm, The iintnril iiuuiu»iuenao wu thM ■ direci deMsnl trom the ecele^ti- 
mI |ior*ún> IhamwlVH Miiue lii pl^oe ul tha ulder *yiitem ol ■uccusion, uid tha 
Chuivh oatocn bePSmo heredÍt«T in thBÍr f^milj'. Tbe oait *tep iu the dawn- 
W^rd |iru«u WB* Ih^t Ibe AbWU uiJ Superíura did uot taka Orden, ud becune 
Vlllukl1y l»ymen. prijvldlnit • tll persuu lo porlorm the eocUai^alinl fiuictiona, 
hut teUlnlng Ihe luine, «iid ■!! the eeculu privilegei uid emoluments of Ihe 
■bb<cy. Tba pFiIormauni ul the lAnrch tervin waa «tber intntsted to ■ •emlir 
prloal, who wua ralM thu ' Mrwdi»,' ur Hforf, ur ll teU lo Iha C^ Dr, when 
Iheie w«* luoh n bodir OnuiMeli>d with Ihe muuutery, oi ta both comlnDed. The 
fpt»l owlinUiiti™! 0»«« tbn* beoune hervditu^ iu the pemtu of UTinen ia Iwo 
wa^a-allher hjr Ihe u>urpiilÍon of Ihi beuelliw by the Uj chwFttíiu trom whoee 
l»nilly It h>d bven ■upplied, ut In Ihe fui>Uy uf the ■bhut bf whoM «Bnct deMxod- 
luU thc otHcti wiu alled. It muM b« bume in miod Ihil priar lo 1139, tfaongh 
iM eoluivwl upuu the uwnki bjr the BHioaMie role, nad apoa cfea lÍetgT 
tCCDaraU; ■* ■ nuitcr of dÍK'ipllae, ■■rrinp. «h«o It dU i^fco pUca, wu au 
unUwlul It ww uul nulU Iba ncaBiÍ giMt CoucU et Lucru, held ia dut 
^Mil, dceWed «11 iwA uunii«e* v>M fáiM 1011 «ttd vM tbM tber becaaw >a ; 
UHl Ihe •Sect ul Ihiii, where Iho b— » « a > hai beooai beceditarr in a pwIienUi 
tk»llj, mmn, lunlead uf reeluri^ the (uraaar darieat elunetar «1 iu poHHsur, cu 
■le«íotyp* tbeir ouudiiiuu ^ l«j"*^ ■°d to CMVMt lb«n into ■ ponlj Uf 
(■uiU.v.-— "CWíitf Scvdmt:- vol. B.. p. 88«. 

• I'««.jr9. 



IHTltODUCTION. 



" They were once noble, i.e., unless his fatlier and gruud- 
father were chiefs, though he may be of the same rnce ; aa 
to his origin, his chieftainship ia loat to him."* 

" ' In which it Í3 stated, that a chieftainship is loat,' i.e., 
during the ágee of tliree persons."* 

" ' A plebeian chief,' i.e„ one of plebeian race, whose 
father or grandfather was not a ehief,"" 

" Question. — What is the ' ansnith '-poet ? Hia father 
and his grandlatlier were ' ananith '-poets ; for every gradc 
whatsoever, whether chief or poet, if he parta with his 
qiialificatioDH during the ages of three persons, his lot is not 
equal to those who are found in possesaion of their qualifi- 
cations during the ages of three persona, until they double 
their qualification or their 8ervice,"t 

Thcse exti-acts clearly prove the rule before referred to, 
that the posaession of the necessary property, through three 
generatious, waa requisito to give the complete status of 
tbe rank to whieh the q\ialification was annexed ; and that, 
talting a uGgative fonu, the rule was applied to the case of 
thoae who lost the qualifyÍDg property necessary for their 
rank, and that the third in de.^cent in sueh a case lost his 
status ab8oIutely, aud fell into a lower gi"ade. 

But if a person acquired double the amount necessary to 
qualify him for a highergrade, he became a fnlly recognised 
member of that grade irrespective of deseent. This explains 
the rule in page 317, which fixes the nmount of 8tock re- 
quiaite in the case of a " bo-aire," adjoiniug the rank of an 
" aire-desa," as double the qualífication of the latter rank. 
The amount apecified in this passage was that requisite to 
make the " bo-aire " a complete " aire-desa," and ít may be 
inforred tbat if he acquired the amount of au "aire-desa's" 
qualification, he became an " aire-desa " sui modo. And in 
the same way if an " aire-desa" lost his qualification, the 
status of tbat rank was not absolutely loat until after the 
doath of himself and his son, when hia graudson abaolutely 
passed into the lower grade. This partial aequisition of 
status iu the 6ret generation, and its completion in the third 
• Fnge 387. t P'p' 383. 



INTHODUCTION. 



generatíon con8tftntly appears in ancient laws. Thua among 
tlie Scajjdinaviane there w^re the three giadations of tiie 
Friifiven man, his Bon, and his grandson, the Bondr.» In 
the Sacheen Spiegt?!, the rule is thus espiesslj laid down : — 
" Si qui in quatuor suia geaerationibus, hoc eat ex duobua 
avis et duobus aviis, ac patre et matre indiffamati juria 
est, illum in jure ncmo infamare potest." The samo principle 
Í8markedin RomanIawby the specifie names for each step Ín 
the progression toward complete citizenship, viz. : — LÍbertua, 
Libertiuus, and Liber ; antl expiains the passage in the 
Bpeech of Appius Claudius Crasaus, conti'asting the full 
patrician witli the ordinary Quirite : — " An hoc, si Cluudiffi 
faiuilise non &im nec ex patrício sanguine ortus std uuus 
Quii'itium quilibet, qui modo me duobus ingenuus ortum et 
vivere in libera civitate sciam, reticere pos3Ím."+ 

The fírst phrase quoted from this tract is remarkably 
expressive, " He is a disease of evils after three persons," 
meaning that when the father and the gi'andfather have 
been evil, the fulness of the sins are developed in the grand- 
8on ; thía is precisely the expreasion of Demosthenes, «o»'i|poe 
íic rpi^ofíaclandgivesthe fuU point tothe line inSophocles : — 
OápsEi. iri fiiv yop oúJ' thv r|ii'ri)c íyit 
flirpóc ^aru rpiZoiiXoc, inipan'i cncq.f 

To acquire tlie full rights uf an " airo-desa," the " bo-airo " 
^must have qualificd himself by the posBesaion of land held 
l)y his tenanta, although he could acquire a qualified nobility 
founded upon the possession of cattle 8Ímply. 

"The law styles that person a plebeian chief (a flaith- 
aithech) who desirea to obtain a chieftainBliip in right of 
any other pjoperty, except in right of (other than) tenants ; 
and by tenant« is flesh meat supplied to the chief ; " and 
again " that these kings are not eutitled to ajiything in ríght 
of their property, i.e., their cattle."(| 

■ BoberboD : " Scotlind onder her Elrl; Kingis' Vol iL, p. 3S3. 

t I.ÍTy : Lib. vi, c. 40. 

I Dem. 1327. 3. 

{ O. T. 1063. For the lEÍereDcn Uw Edltor ii indebted to Hr. HMni'a work, 

"ThoAn-Mi Househuld." 
U Pnge 363. 



INTRODUCTION. CCXXIX 

Tbe qualification, therefore, of the chief, as founded upon 
the possession of land, had no reference, apparently, to the 
value of the land, or what would be now called his annual 
income, but was based upon the number of tenants upon 
his land, and the amount of their food rents ; that is the 
number of his retainers made up of his tenants and the other 
followers, whom the food rents of his tenants enabled him 
to maintain. 

The right of acquiring rank in the tribe founded upon the 
acquisition of property must, of course, be understood as 
applicable only to free members of the tribe themselves ; as 
in all early communities the freedom of the tribe and the 
right to acquire or enjoy a portion of the tribe lands may 
be taken to have been practically identical. 



The several tracts contained in the present volume have 
been collected from the following sources : — 

(A.) 
•DiTi cecctigax) ; or, Of taking Lawfiil Possession of Land. Trans- 
lated by Dr. O'Donovan. Vol. I., pp. 91-123, of his official 
translation, and extracted by him from T.O.D., E 3, 5, and 

H3, 17. 

(B.) 

b|\eacha comaichcefa ari'Dfo ; or, the Judgments of Co-tenancy. 
This tract is described by Dr. O'Donovan as " Judgments of 
Co-tenancy," and was translated by him. Vol. I., pp. 1-90, 
of his official translation, and extracted by him from Bawlinson, 
487, and T.C.D., E 3, 5, and H 3, 18. 

(C.) 

bech bfiecha ; or, Bee Laws., Translated by Dr. CDonovan. 
Vol. L, pp. 346-382, of his official translation, and extracted 
by him from H 2, 15, T.C.D. 

(D.) 

coibíiitif tiifci ; or, Right of Water. This tract is descríbed by 
Dr. O'Donovan as " Of Water Mills, MUl Races," áwj., and 
was translated by him. Vol. L, pp. 383-399, of his official 
translation, and was extracted by him from H 2, 15, T.C.D. 

(E.) 

maigne ; or, Pi^ecincts. Described by Dr. O'Donovan as " Of 
the inviolable space which surrounded every man's residence, 



CCXXX INTRODUCTIOS. 

(Lccording to hiti rank or digait^," &c., and tranElated bj hiin. 

Vol. VII., jip. 27T7-2T86 of hia ojHciaJ traiiBlation, and ex- 

tracted from Egerton, 88, 54, a.a. 
(F.) 
t>o bneiceathnDf, Ac. ; or, " Of the Judgment of everj crime," 

4c. TranBlated by Mr. 0'Curry. Vol. VI., pp. 9U2-904, 

of hÍB officíal troQslation, oiid estracted from H 3, IT.T.C.D. 
(G.) 
cér) an iMaf,ann a cincaib ; or, " Tha I^nd is forfeit«d for 

etimea." Thia waa tranBlated by Dr. O'Donovan. Vol. V., 

pp. 2320-3369, of hia ofiBciol translatiou, ond extracted ftvm 

Egerton, 88, 32, b.a. 

(H.) 
fonla nfie ; or, " The DiWaions of Land." ThÍB was tntnstated 

by Dr. O'Donovan. Vol. IV., pp. 1251 k> 1253, of Iiis 

oflicial trahslation, and wns estructed by him &om U 3, 18, 

T.C.D. 

(I-) 
■oe fODlaib cineail cuaiin ; or, Of the Divisions of the Tribe of 

a territory. Thia wa» tranalated by Dr. O'Donovan. Vol. I., 

pp. 268 to 277, of his officiul ti'anslation, and extracted by 

liim from H 2, 15, T.C.D. 

(J.) 
cjiirh jatLaí. Tlie Crith Gabhlach. This was translated by 

Mr, O'Currj ; liia firet translation appeare in Vol. I., pp. 

1-76, of hia ofRcial tntnslation; his rovised translation is 

jMged as pp. 2340-2400, and the t«xt waa extracted by him 

fromHS, 18,252, T.C.D. 

(K.) 
Th« sequel to the Crith Gablilach, described by Mr. O'Donovan 

OB an nnnamed tract of the difierdnt ranks of BOciety and 

privileges translated by him. Vol. IV., pp. 1300 to 1314, 

and extracted by him from H 3, 18, T.C.D. 

(L.) 
An unnamed tract, entitled by the editore, " Buccession." 
Described by Dr. O'Douovan as a Tnict on the law of 
Succesaiou, or paths of JuJgnient. TrauBlated by him. Vol. 
V., pp. 2199-2220, ofhÍB official translation, and extractedby 
him from Egertou, 88. 



[ ccxxxi ] 



SYNOPSIS OF INTRODUCTION. 



I. The present volume of tracts selected as illustrating the land 
laws of the early Irish, and the constitution of the Celtic family 
and tribe, p. i Whatever abstract legal propositions the Brehons 
possessed to be found in the tracts. First inquirj, whether there 
is an authentic archaic text, p. viiL Composition of oríginal Brehon 
text, p. X. Principle on which a translation ought to be based, 
p. xL Method adopted bj editors in dealing with the text, p. xiL 

II. On taeino Lawful Possession. — A consecutive treatise deal- 
ing with the sjmbolic ceremonial by which an action for recoverj of 
land was instituted, p. xiii. ; exhibits the mode in which the judicial 
authorítj of the Brehon arose, and the seríes of legal fictions 
necessarj to bríng a defendant into court. The authoríty of the 
Brehon the same as that of the judges in other Aryan tríbes. 
The Brehon sjstem an instance of archaic survival. Tlie Celtic 
Irísh never formed town communities, p. xiv. All judicial authoríty 
doríved from a system of voluntarj submission to arbitration« 
The orígin and theory of judicial authoríty in prímitive communi- 
ties reconsidered. " Custom " defíned as the acquired habits of 
any human community, p. xv. Jurisdiction of judges gradually 
established by a seríes of fictions. Quarrels begin to be submitted 
to arbitration of tríbe, p. xviL Method of bringing suit into court, 
p. xviiL 

The case of the Romans considered, judicial customs of the 
Quirítes descríbed and compared, p. xx. The Roman procedure, 
symbol its characterístic, manuum ccnsertio. The peculiar analogj 
to the Brehon procedure for recovery of land, which is identical 
with the Homan form up to a certain point, but modified to suit 
dififerent cases, pp. xxi-xxiiL 

The case of Ninne, the son of Matech, considered. The Brehon 
procedure for recovery of land descríbed, p. xxiv. 

First step towards the establishment of original judicial power 
was the publication of antique formulse, p. xxviiL Inconsistencr 
between the text and commentary as to the form pursued by a 



CCXXXU STN0PSI8 OP INTRODUCTIOX. 

female clfiimant. TLe lcading caso of the woman Ciannacht. 
Seven exceptions to the oeremonial of lajing claim to land, p. xxix. 
Highly improbable that the ancient ceremonial was exchi8Ívely 
applicable to lands let on rents, p. xxxi. The procedure further 
described. The s^stem of counter-claim, j). xxxii. Amount of 
fine paid by imsucccssful claimant. Discussion of tho term 
" coibhue," and the Tarious classes of tril)e lands, p. xxxiii. Defi- 
nition of " raitech " persons divided into three classes, p. xxxvi. 
Horses used at first exclusively in the 8ymbolical ontry, cows 
afterward subBtituted from necc8BÍty. Fornis of procedure ended 
with reference of dispute to arbitration, p. xxxviL AUusion 
to the mode in which a dispute is decided in an Indian village 
community. Mr. Wallace's description of a meeting of a Russian 
Mir to assess taxation, and divide viUage Innds rcferred to, p. 
xxxviii. J udicial development among the Irelandic Norse. The 
procedure detailed in two trials bcfoi*e the Althings, rclated in the 
Sagu Bumt Njal, p. xxxix. The foundation of the jurisdiction, 
tha position and functions of the Celtic Brehon c]early stated, p. 
xL An attempt to express in distinct terms the substance of two 
fragments of ancient dicta, pp. xli-iii. The case of Scither illustra- 
tive of the nature and the date of the Brehou law, p. xliv. 

Paasages indicative of the modem aud equituble mode of view- 
ing the^ssence of the transfer of property, p. xl vL Assertion of the 
doctrino of jmrchase for valuable considcration without notice. 
Passages laying down the ancient theory of society, p. xlvii. 
Explanation of the terra ** temal covenants," p. xlviiL 

III. The " Fine" and the " Geilfine " SvsTEM. — No distinct 
explanation of the 8ystem anywhere given in these tracts, p. xlix. 
A remarkable passage in a preceding volume reprinted, explana- 
tory of the mode in which property was divisible among the mem- 
bers of a family, pp. 1-liii. Three distinct theories published as to 
the origin and workiug of the Geilfíne system since dateW the last 
volume of Brehon Law Tracts, ^áz., those of Sir H. S. Marne, Dr. 
W. K. Sullivan, Mr. J. F. M'Lennan. The views of Sir H. Maine 
stated and explnined, ]>. liv. Dr. W. K. Sullivan's thoory quoted ; 
adoption of it by Mr. W. E. Hearn. Welsh rule of inheritance 
cited, p. IviiL Mr. M*Lonnan*s theory stated, ]»p. lix-lxiv. Im- 
portance of the tract entitlcd " Of thc Divisions of the Tríbe of a 
Territory," p. Ixvi. Dod\ictioiiS from the tract entitled " The 
Land is Forfeited for Crime," ]). Ixix. Wclsh rules of inheritancc, 



STNOPSIS OF INTRODUOTION. CCXXXIU 

pp. Ixxv-vL Description of tlie "G^ilfine" system, pp.lxxx-lxxxviii. 
The rules of succession laid down in tLe Book of Aicill considered, 
p. Ixxxix. Conclusions arrived at, p. xciiL 

IV. On the Incidence op Fines and Compbnsation pob 
Gbiiíes. — ^The tract " Of the Judgment of every Crime whicli any 
Criminal Commits" considered, pp. xciv-cL The tract "The Land 
Forfeited for Crime " considered, pp. ci-ciiL 

V. The Succession to Land, p. ciii. Description of the first 
land system, p. civ. The origin of succession appears to be co- 
ownership, p. cv. Illustration of the rules of succession, p. cvi. 
Distinctions between various classes of tribe lands explained, p. 
cviL Three cases of liability and heirship stated, p. cviii, 
Liability to pay fines, and the custom of compensation explained, 
pp. cix-cx. The question of the nature of the interest taken by 
the sons in the lands of a deceased discussed, cxi-cxiL Hereditary 
Buccession and rules of descent, pp. cxii-cxv. Female succession, 
pp. cxvi-cxviL 

VI. JuDOMENTS OF Co-TENANCT, p. cxix. The partition of 
lands, p. cxx. Fencing, p. cxxi. Trespass by cattle and damages, 
pp. cxxiii-cxxviii. Trespass by bees, hens, dogs, p. cxxix. Man 
trespass, p. cxxx. Ex'stence of tenants in the modern sense of 
the term, p. cxxxviiL Rules laid down on the relation of land- 
lord and tenant, pp. cxxxiii-cxxxviiL Se veral and individual owner- 
ship of land perfectly familiar to Irish lawyers, p. cxxxix. Value of 
this tract, p. cxl. 

VII. Bee Judqments, p. cxlL The legend relative to introduc- 
tion of bees into Ireland given, p. cxli. This tract valuable as 
illustrating modes of thought and logical abilities of Irish lawyers, 
p. cxliiL Fossession of bees considered, p. cxliv. English and 
Boman law thereon, p. cxlv. The Brehon law of bees, pp. cxlvi- 
dL Oomm3ntary thereon, p. cliL Welsh law, p. cliiL Norman 
law, p. cliv. 

ViIL lliOHT OP Wateb, p. clvL Tracts of the right to con- 
struct watercourses and mills. Compensation, when payable, p. 
clviL The question of ownership, p. clviiL Mr. O'Donovan's 
opinion, p. clix. Ditches divided into two classes, p. clxiL The 
reason why Brehon law is difficult and obscure, p. cbdiL Water 
mills, when first introduced into Ii'eLind, p. cbdv. 

IX. Pbecincts, the extent of each determined by a national con- 
vention held at Sliath Fuaidh, p. clxv. Damages for violationi 

2 



CCÍXXIV 



STNOPSIS OF INTRODUCTION. 



p. cUvÍ. Protection miist be legal, \>. olxríL Amount of dunsgm, 
utd nnmber of fugitivoa allowed, p. clxviji. Mr. Hearn'a descrip- 
tion of the original poaition «f the fugitive, p. dxix. 

X. DivisiOMs OF Lahdb, the trAct an attcm|>t to fix arithmeti- 
CBllf the value of a. eumhát of land, p. clxx. Iii ancient Ireland 
no currencj or standard of value, p. clxxi. Tlie difficulty of ex- 
pi'cesing the v&lue of land obvioiis, p. clxxii. Hov attempted to be 
solved, p. clxxiiL 

XI. CRiTa GA-IiaLACH, the date of it« composition attribut«d b^ 
Dr. SuIIivan to the seventli century, p. cliiiv ; by the editorv to 
tho eigbtb centurv, p, clxxv. The early relations of Irish and 
Saxona discussod by Dr SuUlvan, p. cIxxtí. 

Oh&nge in the organization of the Irish Chnrch, p. ctxxviil 
Opinioa of llr. O'Currj- on the then oonditioQ of society, p. clxxix. 
Tbis tract a compendium of the rights and emoluments of the 
higher classea, p. clxxx. Tho proper grade detormined bj amount 
of property, p. clxxsi. List of classes, p. elxxjrii. AnaljBÍs of 
necesstu^ qualificatioas and rigbts of several classee, pp. clxxxiii. 
Mr. Heam ut>oii tho subject, p, clxxxix Extreme unreliable nature 
of olaaaifioatiiin oontained in this tract shown, p. cxcv. Tabular 
analysi8, p, cxlvi, Sequence of ranlta ahown in table, p. cxcviL 
Sealfl iif cami>ensation for death given in book of Aicill, p. cxcviii 
The Críth Qabhlitcb miist be regarded, to a great extent, an 
tina(puary work, thougfa giving a definite picture of mode of life, 
p. cxDÍx. Duties and rights of kÍQgs, p. oc. Tlie week, how 
portioned, p. coiv. PnU description of a king in stAte, p. ccv. 
ConditJon of Iriah peopte at the dat« of Lhis tract very un&voni^ 
able, p. ccvi 

XI. SBQUEi.TOTHBCHiTHGABBijtCH,p. oc^-iií Another claBai- 
fioatioQ ^ven, p. ocix. Definitions of olassea, p. odx., oompared 
witli tbose in tbe Crith Gabhlach, and doaeIy examined, p. ccxiL 
Diamssion on " dire " fine of ecclesiastics a most intereeting paa- 
m^ in Bn^ion law, p. ocxvii Important riewa pnt forward in 
tliÍB tnot fts to position and duties of clerícs, p. ocxxL 

XH. 3occxssiO>t, p. ocxxiii, Although of a fragmentarr ehar- 
■clv tUa tnet omtains soiae interesting mattev, p. ocxxiiL Uost 
important extracts hare referenoe lo the nilus of three desoents, 



*oiM zeccwscco. 



OF TAKING LAWFUL POSSESSION. 



vor,. IV. « 



T:ecí:ii^a*o. 



IDocoTTibachcaib i^aLb faenceallaij ; mo'Daij tnaipx: 
PoBBEgflio!!. inbmij:^n;e ; baccaip. cp,icha coma comoL; aicheam 
gaibear cuinije ma'Doii ceallach me'Donach; tii pjiceaL- 
lach cuinije. 



■Cocombachcaib ]fe<ilb, .1. i]"wic1i noiflucrch coibsicnofopTia 
peivann CT»ey in ceícaEOT) fo f^f Tm bnichinT>. TTlo'DaiÉ nioii^c 
■ 1- if ciwEninniiroanechFinenaiseiptmiUpiimlie- buc- 
:lia coma comol.i. coriicaifit>i .1. bacan leif iiiom nacinca 
no inopiislm co naccomailcep a j.'etuinii tniibpum amlam pii- 
gaibeaj' cumige .1. ij- aichiu aem, ij-luaichíu gabuf nech 
peaiiaiiit) on cechcusaTi menonach ina on c6c cechcti5«Ti- 
ITlaTioii cealLacb met>oiiach .1. nocha laif in ^ji bepef cechcusa 
if in («iwinii THi cíc ceccusa cuini*e 111 FOpoinn «n ai a céc ceícais^e ; 
acc aiwf ciiMT nama imbiT). ITIaiiombeif inaiií,maniibe> an«iT> twttíma 
ocuf if laifom cumi-óe iforoio. II1 pi]iceat.t.ach CflimSe.i.noooleif 
in •pt'n beiwf ceícugar, if tn veiiant) e«ii clan in peiwDnTi ■oa ceccugcra 
cnmite in Feiuiinv oji oi in céc ceícuigCi, mana cabiM in celUií eile- 



.1. ciT> pfi beipeaf in ceccírttij if amlat'D ■00 beiiaD é ; atxni 
ceojia 'Decmoú wi catMHfic trnan fe]\anii ; abíro cac lao Tw 
cabaiiic iine ]ie \\e na céc Tiecniai'óc, no comoró of in céc ocuf 
if iTi Lo Tieseomac, ocuf if iit lo tneuonac; ocuf mtinaiicínceaT) 
lie nif in ne fin, if tiut, tio ununT) co tioi\ ín fef,aim) ocuf Tia eaC 
ína l,aiiii, ocuf fiffóne laif, a fojiba na céc T)eÉinaiT)e; ocuf 
|io boD coii\ T)li5eT) T)o a ponba cuici if in céc TiecmaiTi, ocuf a 
innTiiceéc na TiectnaiT)e menonci, ocuf bec Tio caLL ]ie la co naicci ; 
ocuf niunaTnnceu|i éannpn,if TJuLTiottinach neixe na TiecmaiTM 
merwncf, ocuf fio bn coin Tilisen tio a fop,l>a cuicei if in T>ecmaiTi 
raeoonaig; ocuf aboD t)ú cac lae a]x (n nibitil)ai* fie fie na 

■~Tbc Irub íui lhi3 iji taki;a from 0'r>, 109. 



Oi' TAKING LAWFQ-L POSSESSION.' 



» 



I 



"l^rOBLE tribes quickly obtain possession of land ; ^'^ 
Xi it is secured to them by the work of their 
horses ; lands are not taken posseasion of until proof 
ifi given ; he shall sooner get possession if from the 
middle entry ; it ia not true possession. 

Qaickl; obtsin, i.o. it is boob or quick1y tliat ttiu guod men obtidll actuil poa- 
tessioaoftheUnd b;brÍiieÍagUie'requiut^foit«kingpi)nesaiciiiiutoit. The wark ■ It. 
oí thair horsflí, i.e. it i» through tlio work of tbeir horma it is jmlieea to them. ''*" ^'™' 
LiiidB are aot takcD paSíosBiaii of, &c., Le. equal 'cairde,' Lo. he bsd the 
territoriES before, i.e. I hDUorImiintaÍDthatthcirlaDdisaDtretiiinedby themaftcr 
tbatmuiaer. He ihall Booaer gel pos9eaaion,Ls.quickeTorsoanerdoeaoi)e 
obtaia paisesgion o( the lend from the ilale oflhe raiddlB po3session-taking th»n 
frora tbe flrst posseasion-takÍng. It [rom tho middle ealry, i.e. it ia not 10 
Ihe maii -wbo bringg tbe meaoB of passession-ukmg into the lind for íti pussesaÍDn 
for the Brst time tlut the poaaesdoa of tbe Innd belongs on accoant of its 
iirst poiiessioa-tal(iag ; he hat but >& hiceptioa of right alune reapectiiig it. If it 
Is, it iawell, U not, tbere ie a atay uf tendays aadthe possesaioa is tiis then. It !s 
not tiue poasflaaion, i.o. it ia not to the num wtio brings tbe meons ol takiag 
posses^n iato the luad aiui ovor thu fence of thc liiuil foc its pDEsesaiun tlul the 
poBMsaioa al the land beloags oa nccount of tho first pDSSGseion, unlc«s he mskea 
the secoud eiitry. 

Whatever man brings the meanB of takÍDg posseBsiou it íb thua he 
shall liring it : he Bliall give notice foi- the spaco of tliiiij' diijs upon 
tho land ; he shall aerve notice every day respectijig it during ihe 
period of fhe first ten dayB, or aQcordÍng to ot/iera, on the first and 
tho laat day, and on the mid^e day ; ond, uidees ho has been 
res|}ODded to duriug that titne, he is to go over to the border of tbe 
land, having two horses in his hand {bi/ t/te brUÍlee), and having a 
witnese, at the end of the firat ten day8 ; aad law ia due to bim 
'ftt the eod of fíve daya iu the Srst ten dayH, aud at the beginning 
út the middle ten diiys, and he shall i-emaln within for a ilay and 
s mght; and if he ia not resi«)U<k'd to then, he is to go out during 
the period of the middle ten dayH, and )aw ia due to bini at tbe 
end of fivo diiy9 of tbe middle ten diiys ; and he sliall aen-e notice' ' !'■■ , 
upoa the defendaat during the period of the jniddlu ten tlajH, s^, 

VOU IV. B 2 




i *0m Treccu^a'D Sifanct. 

Oi'T*i[iii(iT>Bcman)e me'oonaise ; no, comaT) if in céc Lo ocur tf 111 Lo 
PoMKm'"'t '"^^*"'''^ ocuf if 111 Lo ■oeiseanac, ociif muna cinceap é, TiuL vo 

anunn a fufiba na neíman)! iiieT>onaií;i, ociif a nm'Daceíc na 

■DecmaiTie Tjeisenaije, co r]\ian i'n jirejtainT), ocuf ceicjii heic teif 
ocor Tia pa'one. fJLha'o 1)0 ca6 Lae jie jie na TiecmaiTM 
TOe7)onai5i ; no comaD i)- in céc Lo ociif if in Lo meoonac ocuf 
if in lo 'oeiseanac; ocui' muna cínceap é, if íiul tio amac, ocuf 
abao T)o ajx mbiTibaié cac Uie amuig ]\e jve na tieímaiTJi Tieig- 
anaigi ; ocuf muna ciTicea|i tie, if TiuL do ananT} a fojiba na 
TjecmaiTii Twijeanaisi, eo jinise Let in fejiainn, ocuf oác neii 
leif ocuf cpi fiaTiiie Leif, ocuf o Lec tjo gjiaTiaib fLwclia, ocuf 
a Let Tio sjiaDaib feine ; ocuf muna Ttatiirmjv T>Lii;eT) ■oó jie n'ónl 
anTiunn, noco ninDliscec T)o gfn co ci amac íio co finna (n Leíf n 
naÉ Leif ; ocuf T)amaT) cinrre Leif na Tiemca Tiliseó tjo jie rnjut 
anT)unTi, noco iiinT)Li5cec tjo 51H co cuca aban acc ceccitsoTi tjo 
bjieiÉ. 



CealLach rafi aiica, céc ceallach ; aiy na cecca ■ 
iniinise; cealLacIi Tia TjechTnaT) cian paniaii; a'D vo 
coifLea'D cuim'De. 



Tieallach Ka\i 1 
Fnjxvocpa. ff'Oiia 
fejwciim Ttofoin pn. 
cechcniji'D bejiuf iiit 
moooiiacb ocof in th 
occo « ixemuTi. (Cn 



jlca .)■ cap, cLaT)[ no cajibuc 
;eíca cuimse-i- ■oh^ na 
'Ceallach T»a wecliina'D c 
a aichLe in -00 ■oechiiiaT) ciati ji 
cmaT) TieiT)enach. Cian iiaillf 

.ofoin fin. 



muji .1. 111 -oeim^tn 
jx .1. cimi acochaji 
if Tilige-ó poxtaf 




[tlinneniaemacecb Ttj^einibLuisfocaai-óaqriicb nULtiTi, criiuii 
majicacli t>o faign) cnjiuc, ociij- jrcoip,fec a neoctia 1 cijv bo 
ceiniuL T)oaib fiiam, na bo cuiníe cboca mTi : co neijjijic in ci ba 
ciji, beijiiti buji neochu of in np. CCj^beiic T>in in T)iaf baoi la 
Hinne ; ni mo Tian Tiuine ciaTi coca in fcop aji neoch funn ; na 
bu afi cuinL'e coTia anT>. tli hufiujxi j-on jioba libpiiiam; ni biaB 
anT) eiih anve. Ili jLeiiuctiiv copn nu|VTimaT> Leo iiiam a cijv. t)i 

ildle' ÍnsCcad 'of laatj' Int the 



OF TARING LAWPOL POSSESSION, 



or, aecfmlÍTtg to oíA«rí, it xnaj be on the firet day, and on O 
the middle ilit}', &Qd on tlie last day, and unlraM he is i'esponded to, p 

he ÍB to ga over to llie land at the end of the middle ten dajs, aiid 
at the beginning of the last toii dítya, into the third of the 
laad, he having wilh him four horaes and two witnesaea, He is 
to Bcrve notice' duiTitg the period of tlie last ten dayB;' or aeeording • 
to othera, it niay be ou tho firat day, and ou the middle dfly, aud on í" 
tho loat day ; ond iinlcíis he 'm res]>onde<:l to, he Ls to go out, and he 
ÍB tcí serve notioe" on the defendant cvery day outsiUe ilnring the 
period of the ten last dajB ; aiid nnless he is responded to, lie is 
to go over at the exjiiration of the lost ten day8 nntil he arrives 
at haJf (middte point of) the land, huviug eight horaes aud three 
witnesHea with him, one-half of them of the chieftnin raut, and the 
other half of the Feini rank ; and unlcss lnw is offered to him beforo 
golng over, it is uot iinlawful for him not to como out untii it 'us 
aaceftained lohether the land ia or is not his ; aud if it be certain 
to him that law will not be given to liim before going over, it is 
not unlawful for him that ho hoit uot givcu uotice, providod that 
he has brought the meana of taking poBsessÍon. 

Entry over a wall, a fiist entry ; law doea not 
legalize possession ; an entry of twice ten days on 
land long tiUed ; it is law that take8 posscssion of 
the land for himfrom the other jtnrtij. 

Entrj OTor » w»!!, Le. over s ísncí ; or, tKCorJlni/lo olirri, to brinj a charlot 
ÍD in entrr upon lind without farewarning. Law ilaes uot lecilize jiDsies- 
sion, i.e. thnt ii s lnw whlch does not jU3tífy posaeuion of Ihe land (ot him. 
Entr}' of twico tcn ilays, &e., Lp. tho tnesns nf powenian-taliiiig which lie 
bríngs Into it iller tho twu ten ilayi. ' Cisn remur,' i.e. tbe middle len davs aiid 
th« Isst ten da;-a. LonR tilled, le. iOTig it Lss been with hlfn unilei tllliig& 
Law that tikes poaaession, l.e. thftl is law wlilch takeg away the posMsaÍon 
of tbe tand tor blm. 

Ninue, Bou of Matech, one of the Feiui, went northwarda into 
the conntry of tlie Uladh with threo horaemen to visit frieudB, 
and they «nhameBsed their horees Ín a land which had pre\-ioiiBly 
belonged to thcir tríbe, but it was not to dcmand a share thcrein ; 
and the person whose land it wns aaid to tliem, tako away your 
horses from the laud. Thon the two who were with Nimic 
replied : Ít doea not make onr claim greator that we have 
unharnesaed our horses here ; it Í8 not t-o claim a Mhare therein. 
JTiia ia aot »ay for it wftB your own before; they shall not 
t there for that reason. Thev á^A pot know untU th?n 




6 "Oin €ecCTiEa'o Sijxtna. 

° leicf ec a tteocho af. Carica 1)111 iti ci ba ciii a neocha aj- ori eicii>. 

, po5eU.pic iafmTnimbiConÉobaT\.Tnac tlepi, ociif berUTiDe piacli 
ecaijiecechca FO)\f an ci cat^cof aneocha of in cip, octif comloj 
in nf capcaf of, ocuf tio éombi fclba TOib a come fin 
■01 celloig.] , 



(Xcaic fechc realba la peme na gaibrep, ochgabail, 
na beiii ceocliixa ína ceaLlacIi ; ic pji ín "Do loinsa'D. 
txncti "Do bomj a cobach ocuf a ceaLlach ; "Dun cen feiUi ; 
ceall gen pjichce ; cip. poiif a mbai p3T)Lai5 ; batrLeac 
booiji ; muip.inir majia ina beifi ceochjia ; uiiacomot af 
neimi'D ; ci]i ■oa itan'oa fLach laii necuib in cuiLe, a cLae- 
cap. poLL, I cupcap lia. 



CCcatc feclic f ealba -i. ocaic fecc i»iiainT> wi naifnerMiin in 

Venechuf, ticuf noco ■ol^s'iTv actisabail if nnjilXe tio bnich in-DCib *a 
cechcasire- Tla beiji ceaclijia -i. nocobeiiaTi cechfia ■oa cechcosao. 
lc i?iTi .1. if pijv ímpnitjqmcep. no íneilXsicep, IriTicib, no tio biieicli 
T>o cochcusaD. Coich no lioinE, .i. if coich no if luach coibBiceji. 
Olcobach.i. achsabail. CC cealtoch,.i.cechcaiEíe. 'Dfln cen f eilb, 
.1. cen penann coci, amuiL aca TJun o|ioill. Ceall gen Taictiáa .i. 
amnilacacBUiRnbpm. T^iii vonj-a mboi pOTilaiE.i. ati naiv mmiba 
na hmTiitle. baif leac -1. toc baif imbi boa|t-i- baf toc.i.moT) amba- 
faigceiviac qie ap, na mbo,iioU>c boif imbi gaLoiv niuiTtinifmuiia 
.1. inif map.canach bif €iti moni, no ima majicanach iiiui]i,amuiLacalnif 
cachaiE .i. oiiiun a mbacaó cuicce no uaiti .t- aji annfocnf a mbpit ince- 
Ina beiT» ceachfia -i. noco bepn]i cechjia -00 cechcugcrtj cen echaji, 
U Txacomol .1. in ní foti a f\'(\at:coma<le»(í o cif tio nemeri, nmuiL oca 
cipmtiEain no Ttoc anm 01^11 .1. niibif Lanei,TiianTiles'iT>-ciff, aTivoct)i|^ 



1 Inii Calinigh. — Sinttery laland in ihe Shannon, near Rilniih. 

*Tir.Jfaghain.—lDC.,8i<j,lhvlolloinagnote Í9 fpveu;— Secarei tb« : 
i.e. Itnd whicb oue poueMs of irbich rcnt l» ilne, ond Ibe cattle of Úu aQtr 
diatrained for that rent aloni!. i-p. (he Ihing bv nhich kte rent Ít leciircd t 
'NeTQÍdh '-person, luch la Tir-Undhun in Eile to the King of Caiwl, Or 
Adamair, Ín Ui-CoQiili-Gabhra to tho Conrb of Liimur in the ume rraj, Lb. 
According to thc ■ncienla ■!) «iong everrtlung wliich i» (onnd on Radh-Mndh»in 1* 




OF TAK1NG LAWFIL POS8E8BION. 



thftt the land had been theire before. 11167 ^ "*•* remove their o 
horsea &om th6nc«. The perBon whose land it waa then drove _ 
their horees from it by force. They afterwarda appUed to 
Conchobhar Mac líOBsa conceming it, and ho awarded a fine for 
luilawfid expulsion iipon the person who droTe tUe horses out of 
the land, and kd equivnlont of what was driven off it, andhe gave 
them landa in proportion to their family. 

Thero are seven lands with the Feini into which 
distress is not taken, into which not cattle are brought 
for entry ; it Ís men that are required. Quickly the 
exaction and the entry are seized upon ; a 'dun'- 
foi-t without land; a church without a green; a land 
on which there are plundercrs ; a deadly place of 
murrain; an island in the sea to which cattlo aro 
brought; land which secures the rent of a 'Nemidh'- 
pereon ; land which the chief divides after the death 
of the tenant, where a hole is made, where a stono 
is put. 

Thcrc >r« seriD l4ndB,L«. tbm ii« MTan lindi wbicli Ihe FeLiiechiu mea- 
tíoni, uidintavhichitÍAnotlawfal tobrlngilÍstreulnlhpshiipeDf c&tlle ÍnUthRn, 
tu talce liwful poiaeuion. Not cnttle are bTHDghl, I.e. cattle ara not brongbt 
to take lnrfn] poneaaion of tbem {Ihe landM). It i> men, Le. it is men tbat are 
iu9e»il orreqnire'l lo bthmught intD them.ortobebronghttotslcelBirfalpHseMÍon 
of them. Quickly aro iiBÍzed npon, Le. it is qiiickly or Boon Bdinre ii mttíe. 
ExaclÍDn,ie.diftreaa(W/uJ irícurai. EDtry, Le. legaliied. A 'dun'-fort 
withont land, Le. without haviof; luid, Bach ns Dun AraÍlL A chDrcb 
wilboat a groen, Le. inch u Cell Gabhrin. A land on wbicb thBre are 
p!nníiererf,Lo.oowhiehlhecalllehavebeenkilluil. A ile«dly plaue,Í-B. aplace 
of dealh, wheie there ia mnrraia of cowb, i.e. 'bBS-loc,* i.e. a placo where they aie 
ctiTied oll by death throngh cow-plague or a placa ot death wtieic tbere is dÍBeaw. 
An itland in tbe sea, Le.a dendly islandwhichis(jiwi(«f{n thetea^oratwhich 
tbesea ÍB destmctive, luch nsInÍH Cfttbaigti,'Le. Am: ú fearot their beingdrowned 
jriBjtoilornnniBjfromit, ie. on account of Ihe difficnlty of bringing them thilher. 
To which cattle are bronght, ie. cattle are not brought to taka lawful 
pDwaion of it withont a boat. SBcurBs thc reni, Í.e. tho IbÍDg by which 
his rent is truij- «ecured to a ' Memedh '-perBoo, suth aa Tlr-M«ghiun,' oi Rol- 
Adamairi it Und whioh one has, oí whii-h reut is doc, Eor tho caltle hrought to 

forfeited (dui) lo tho King o( Caiwl the doy on which he will asauniB the kingdom, 
becauBo lhey had killed n king o[ CaÍíeL Rod-Adamúr, too, thero was ■ ■erpent 
there, and Mocbula expelled iC theDce, and tbe rcward that nBeit to be given to 
liim (or havÍDg driren it Ihence was everything whieh tho C"or') of Mochuta o/ 
Lu'inor conld find on it, the dBy on wbich be usuined the shbjicy, ahonld be hÍB 
property, (oi it is forfeit. 



Oin Ti^ecctisan Sifana. 



Ot TACmo ljtp)i ceitiva ir cmlUii^ la cif a neiin'ó- lli coiti c«U<ic C(*fui inn op 
uttFPL nmniiriii iia lAjxta ipmp. djiTia itanfta vtacti .1. in oi\uplwmnup 

' in ^latcli, dn Trtb<r>; tio ij- piwcjia TMtcti^Qbail. ■nbleogain, .1. ronTHHg 

pUnC a coic aiiT> .i. canu variiaift in a jíaitaf' «. ocu^ u |Uiinni«]- m 
citinvibon nochn negin va cecbcasaovo bfieic inT>. 4XclaBca|t potl 
.1. claD.MClamccit poU,io(>iniwiifiT>in ve|KiiiiT>. 1 cottcait Lia -1- coit- 
che.i. ta|i na claiT>e .1. in cloc citiche .1. bi poU, ocuj- Im ocu|- coiTiea vUtta 
(mn co fsfr^ a Cnic anTi. 



.l.T)iambei\ca]\acti5abail, \yna feér j-ejtaiinaib feo. ucac cutc 
feotc cro T)o cinncac ci'd "Do ínbUogain ; no tmmio. it cuic feoic 
mnpn tio ínbleosuin, ocut ní pl ní t>o anncac co iwi j.'0]-a i»gail, 
OCOf o fafbnf fogait acáic cmc feoic inn tio anT»cac, THafa 
tnniLl« jius t>o ceccusan funn. if fiac cechcaisce ciiie co cnnn 
co coibne, no ci|ie cen cunn cen coibne. 1n conilin t>o inTtitib 
T>o bejiajx t>o cechcugaT) na fejiaTiti eiLe copab e be)\u)i do TK>inib 
T)o cechtnisan na fefiann. 



■Cocombais Ciannaclic cianbfiuige; Tw ai anT) r"" 
famai^Qf ; t)o IutT) cotx feafvc a ceT) ceallaij ; bach poji 
pne a FojiconiaL; imana laiium aji feíneachaf co hochc 
la iui'Dni5e pa'onuife ban a ceceallac, naD fieanaD a 
ceT) fLUfQ. CeacliiiumaT) la achapxich ifeaT) cechca 
cacli ban cealLaig. "Oo Lui'D lajium T>ia ceanT)aT)aiE 
co nTiiabLa'o aijinie acapiiac, LofoT), qiiacTiap, ceanc- 
fuine ; cuaiiic foigeaf a coninatT)ni La jrean foiiigeaLL 
paT)nmfe. 1f lafLam achiiach T)ian va fiieasiia, "Daij 
T)Li5eT) ceachjiuimce a ceD, T^LigeT) aiLe a me'DonaCiCuL- 
fuijjeaLL an Tieiganacli. 



T^oíofnbaiE ctannachc .1. if coich no if luoch |io coil^efcatt 
Cianatt, inseti VepSffa PoTicTtain, na Feimnna no boaan aaiche cofciia- 



' • fíriauilh '.jvnon.—C. fiíB, «di-. " Ihe chiel re 



OP TAKmG LAWFUL POSSESSION. 



POBBEÍ 



malEje eatrr aball be dlsCraloed for tho rent oí Cbs ' Neini«dh ''-person. It u not Of 
riglil Úxil ta entty li; cattle Iw tbEr« on iDraniit nf tbe dignily ul ibi e1ik[ nhoni' 
lanilitiii. Land wbicb (bc cbi«l dÍTÍdes, i.o. tbeland ivhich thBdiÍcf dialri- 
butea, a ' dlbadh Muid ; orítUa Tespanding to the diatrea* of Bkiiwnui, Le. tliechief 
reUÍns hÍB shsre ín it, Í.e. he doea not CHle it during bis leign, *nd wben be TÍIl 
divida tbo ' dibodb '-land be ia not obliged to bríiig ibe mcam of tiiking poaieeslon 
iDto it Where a bolg is made, Le. a mound, i.e. whecein s hole isiualt in the 
dlvisicm ol tbe Lind. Where mtone ii put, i.e.a plllar'atone, Le. alter iti bein!,- 
cnclosed, i.& tbo bonndirv' stone, i e. Ebcre orc a liole and n itone and the chicri 
ttuading itone there in onlcr thal liÍB ebare there may be linown. 

If distress be bronght into eiHter o/ theae sevon lands, there aro 
five ' Beds ' dua either by the guiltj iierson or the fcicBman ; 
or, indeed, aecording to olhers, it is fivc ' acds ' by thc lciiiaman, and 
tliei'e Í3 nothing due by the guiltj person imtil damage arises, and 
when damage ariiiee, there are five ' seds ' due by Ihp guilty persuu. 
If it be cattle that he has brought to take possession iu this iustauce, 
it is fine of lawful it<!tual-pDBseBsion of land with chief and tribe, 
or of land without chicf or tribe. Tbe same number of cattle which 
is liroiight to take posBeasÍou of tho othcr landa is the number of 
meo that shnll be brought to take [jossesaion of these lands. 

Ciannacht took possession' of a distant farm ; she 
arranged two ewes there ; she pasaed over the mound- 
fence as the first entry; she challenged the tribe to 
come to terms of agreement with her as to her land; 
she afterwards remained, according to the Feinechns, 
for eight days- with women witness on the occasion 
of' the first entry, to prove that sho did not sell her 
iirst modesty. iii four days after it Í.s that every 
woman's entry is lawful. She went afterwards 
again to the head of her land with double stocfc, a 
kneading trough, a sieve, mnl a baking implement ; 
in due order she claimed hcr right with a man witDess. 
If she is afterwards responded to, she is entitled to 
fbur day8 for her first mit, to two days for her middle, 
and fur her iast, to speedy judgment. 



of Fergns Forcraidh looh pojsoiriun 



is íioon or qiiictl/ Ciannacbt, daughter 
' lands «hith nere lately far from her ; 



' daimuM loak poueuiim. Tbe [olloning anícdote Ii giveu in C, MS (H. 8, 18, 
p. See B), ana Id O'P. 7Í0 (II. 3i 17, col. E88):— "Clínnncbtn, Ue. danghtír «f 



10 



"Oin recctíscTD Sipina. 



hUtca. -Oa 

... -oo caam p i 
ne .1. rmfii'" "0 



o |xa ! no wino, comtro i Cictnnoíc. injen Connla, mic Con^ tntc OCileUtf 
ULdim. "CocombaiB .v uo raora boinE- CianliTiiiise .i. ciocn mojt. 
■ po mbocaft cin co5i'I<-I''<''o. no afox^ poc oaiti iiombai cin -'■ o V*"''> w 
I anT) yin j'amaisof -i. ij" amUn* im |ioine p m i^mdEuc 

ocuj'mcaiTiigacopjn't) ina Iním. "DoLniT) coii 

;aii cUroin v«aiiaiTiT> tia cec cechcngar), bacli 
iiiTipiiE;lm conoD an ■penann na pne (>eTiD|' p ín 

ina lapum .i. em onaTi p lan pn meiee pn. 

00 iieiji In fenecliaip Co lioc^c tu .1- btcTi T>i 
a uniinaiTii jie lié oéc laíÉi, ocnj" ceitpii caiTiis ■oo bjxirh 1« a i»pba na 
c«hitamtCTnm«T>onci a haiÉlinaofccechiiamchan. Viotinaife ban a 
ceceallac.i. ■DabanpaT)nai|«T>obii6ich wila aponbanacechjunncan 
meTMiiiciahaiíli nacéccec|iamean ^lojenech tJOceícKjiTieT>ibinFejKniT>, 
-I. 5abaL inseii niinT> ocaj'eicline inEen canpaic mbmt». H aTi jiennaT), 
.1. noco jiecaic elnig a cecmuinTicijie- CeachitDmaT) la achajxach 
.1. fio bo coTji Dli^eTi uo tiamcain ni ij" in cactiiiamari 1« whi cechitam- 
cain TieiTienaiTi a aiclili na cerbiiamcon meDonci ; atnitivtc peícuf oile 
apif- Ifeat) cechca -i. iJT~ec in |K> T>LiseT> cac caécaisci baifwi. T)o 
loiT) laiium .1. lanf in ailé tiéc, -i. T)Ocoait) p loiium nocin'o a lata, 
■oa ciriTi a j»]iaiiiT) borrfin. Co ntiiablat) ainme,-i. co ntiiablaT) na 
aiiime pQcofcaii Le peime a juíi.ba na cechiiamcan menonci no bnit t)i 
le atajijiach FCccaf aiLe aiiif, -i. occ caiju^ tofat), civiachait, -i- 
a lopjc ocDf a cinachari. ocuf in ni jxi^i a cejicaiEenn a imine leo .i. a l#c 
yame aji cofai uiLe. Coaiitc faisottf a comnoiTim -i. in nl p>ii 
a nintifDisenn a cnma nofcaijieíc lajt cae oijvd .i. a caíoeal ocuf a 
ciitbol^ (.a T^eaii i^oinseall .i- La peii buf inFiaDnaij«e aca foijv- 
^aV.; uai|i if p.if t)o caaiTi menma in u^naiii. ninabu noil^ú cpii bon 
paTmaife Tiasbaiina aen vep pannaife. If lajiam achitoch .i. if 
laitum, ofa airbLi pn, aeha]iitac1i pechcuf aili i a|Xif mnnia fitecaiitcejt 
hi T» iieifi tiLigi'o comaicb if amUii'6 feo ito bo coiji a tienam, -t. ma 
cincipn l>ef iniiiiia vo c^coiii, no aii meotian, if ojt íeaciiDime aT^ligeD tii 
an T)nf, ocuf ic saiitDi ajt gnc inboi'ói cac mo'ó tio beijt foecoiv FOjijia, 



Fnfm ronT^dh uid Bri AQbaÍ who wiu wi(e to BIsi Briuebjudh, but whoiii 
Conchobbu'HacNBMabnugbtaftcttheileatliofhei^basbuid.FergrasFDraiiilh. 
Ths woDuui wiahed to cume f) ber bretbna to demanil Und of them, Le. CoimU 
CBiSBch aod Aiorir^ • •- 

Tbe diogbler inqoired of SrDcbi, toa ol Ailell, whether il wu rigfat for bec lo 
demud Und. He uid u Gnt that 1t wiu not ríght for hei to ilcmuid luid -, after 
whkh "lheh1otch«''iwennÍ9»lonhii cheek ÍathoBÍgfaL Heuidon thenestdi; 
tlut It w» nght for hei to denuuid Und ; uid be told ber to biiag mui-pDsHiian- 
t>king into it, M thu }^ii-blD(cbee were raiMd oa bií cbecfca « «ecoDd tíme. His 
mother Ihai lold hiia that the ncoiu 0/" posMuioD-taldag whicfa he ihoBld hare 
dedded sltould h4re beca sheep, a luieadÍDg-traDgli, uid > uere. 

Sbe thegi toi)k two worthf femalo witneMes witb her, namelj, Gabfaal, dan^tei 
ol Hidhe Uinn, aud Celhra, daughter of Hinn, and thtj taok Uimi'a chariot 

' r*e blolciu. — The«e were uid to appear on tfae faee of ItÍQfca or Brfboos who 
had eivm taln jadgments. rUe 3encha» Mór, toI. i„ p. 95, 



I 
I 




OF TAHItíG LAWTUL POSSESSION. 



11 



^PowBSUOir, 



or, aecordins to MJUri, it w«s Ciaimiclit, the d&nghter ol CoDnli, iDn of Tadhg, Or TAxnia 
■on ol Ciui, soD of Ailell Olnm. Tuok posieBBÍon, Le. f Dirlj sdied oi ~ 

tsnt fBrm, i.e. they h*d baen Cof a long IJme before in iÁe pouetríon qf her 
irí(Jrm,irithoutgooil.security; or, ncsoi-dÍBs ío o(Vr«, it waa f»r nira/ from her lind 
Ttas, i.e. from tbe Feini' lo Uladb. Tno ewes, £c., Lo. she ncttled or arranged 
tbem Chm, ehe held two ewes faked ln ber hand. She pasaed over the 
mound-f ence, Le. ihe went avtFT tbfl fence of ihe land to take firat paueuion of 
iL Sbe challenged the tríbe, Le. I bold or inaiat Ihat it is on the Und ol 
the tribe (noí qf íímtijjerj) ahe bringa thii tnie claim. Sha afterWards 
remDÍned, í.c. ihe nmiains quiet after doínjr tbu» muth. Tbe Feiuecfans, Le. 
aceording to the Feineehas. For elght dav*, Le. sbe is lo l>e n petitloiief lor tha 
spnce of eight dayB, and ibe Ig la bríng Tonr ibcep with ber at the end of the middle 
fourtbdny, attertbeexplratian of Cbe Gntfoar dny9. Women witness on the 
occBsion ot* the f irst enlrj', i.e. two wumen witnessea to be brongtaC b; > Ir. /n. 
her at the eTpiiation ot the middle lonr at tbo end ot tlie Rrat four days; the 
land is equal Co the honor-price of eith«r of them. vií., Gahbal, daughter of Henn, 
and Qchne, the base' danghter of Uenn. That abe did not lell, i.e. sfae did k if. 
noc Sell thebonor of hecGrsCmBrrÍBge. !□ fonr days afler, Le. it ia right to grant daríot.. 
her Ihe bmcfil oj' law on tho tourLh dBy o[ the Isst fonr BÍter tbe cxpiratlon ol 
the middle fonrj thc time atter thaC agsÍD. la lawtul, Le. thia la tbe 
law of everj «oman poueBsion-takíng. Shc went af Cerwards, i.e. tfter the 
Iwelfth day, Lo. ehe afterwBTdfl went to the head of her own properíf, to tha head 
of bcr owQ land. With double atoek, Le. doubla tho alock which sbe bad 
bronght with hcr bflf ore the explration of tbo middle f aw, ars to be brought by ber 
anotber tlme aiíaini i.e. eigbl sheop. A kneBdíBg-lroui;b, n aicve, i.e. her 
fcneading-trough andhcr tócvo. nnd alongwith them thethingby wbith abeadjnflta 
ber baking, Le. ber baking flag {^griidlt) lirac of *li In due order ibe claima 
bcr r i g fa C, Le. tbe Cbing hy whicbsheEaeabersecnriC^ inproperDnlcr,le. berdistaff, 
and her corab-bag. WiCbaman witneaa, i.e. with a man who ia qualiHed tobcur 
KÍCna9,to gire teatimonv; for accordingto theínteutiun of the aathor d/'Uíi faio iC 
WDuld not be more difflcult to find thrce lemBle witneases thau ono mBlc witneBs. Is 
af terwarda, í.e.it ia ■fCerwards, af ter this, anc olher time; tor Ít ahe bc responded 
to well according Co law, this is the way it shonld be dane, i.e. it she bc reaponded to 
aC flrat, or iu tbe middte, it Í9 after fuur dBys that law shDnld be ceded, at tbe GrsC 
en(ry, and it is abarter cvery time, tbe more abe ia puC to tronble', uutil judgment 
with tbein. And she took two aheep on the Gnt occasion, and fonr on the fonrlh 
da^i and elghC on tbe eigbcb day ; and ihe went in this manner aC once witb twu 
sbcep and Cvo temalewiCnesscs HÍth ber, and remaius aftetwsjils. She brought foui 
aheep on tho dghth da;, and eighC on tbe eighth day, and thns toob che posscasion." 
' From (*e Feíní. Sbe hnd in comc a long distance from the territory ol the 
Feini, in the aanth, Co the connlTy of Uladh In Ibc nortb. 

) Pvt íD tro^U. — The follawÍDg explauatiuii Is gÍTcn of this passage in 
O'D. 410: — "If sbe is reaponded lo at once or In tbe middle («in it is in 
fonr dByg thaC ber right is lo be ceded to ber in the first entry, and it is shorter 
ever7 tenD tha more trouble is brougbt upon her, so Chat tt is"ajudgmeDt of 
prednet" to herselt, Le. tbaC tbo lerm of ita arriral ta them, Le. a pledge in the 
preclnct, or Gve dajs to solicit the defendant, i.e. flve othera if at Cbc middle notice 
her afler ol lavi was responded to, or Bhe ia to remain lor a CÍmc, lor sbc is DeBier to 
the actual pi 



12 



Thn T^íctiEOT) Sirana. 



r T4Kiiro coniT; rmgiU, «1; maigin ptrDMig ia|vam. "01.156« cechTvnimCe .t. fo 
i^wFt-t. bo coijt -DLiBeo w apinba na ceclipuiniíeineTioiiíi a haxtU naceccecV 

' jiuimCe- TlíiigB* aiLe n me'ooiiac .1. yu> bo coin 'olise'D tii a p>pbn 

aileTion cBChiiamcain eeiíiBnQTo a aitti na cechiuimcan menoiici. Hul- 
fiuigeatli ati iieigan ach, .t. caL aca a ^igeLltiiti Tii ■ p>ribu nacecli- 
TiaimCi TioiTieníi, .1. a c|toT> uiLe tio liTieich inT>. 

TTlai'a cinii7:i lair na Denicaii Tiliset vo, ift.aTi vo vtila atiunn 
co na qiOTi uiLe. TTlaj'u cin'DCi laif co nT)eniro)i., if lan pach 
ceclicaigci uaTi; cona te pn aca, aj)iiT) ceopa n'Deehmff6,in ínbai'o 
ifcunncabaiiiclaij- 1 n'oeincano naisenica T)li5eT)T>o, .i.calt. bif 
ppif in jio biT) oc cuinnge fecheman in jreíc Tieiginac, oca 05 
inniilpo in vecc cuifcí ocuf nietonac. 



.1. cai uaiji if aUoD ceopa noecinaB -00 bc]iai'o na fip, if 
aba-D ccojia ceuch)\oincan vo befiaiB na nina, ocuf curiiuitia 
T>ecaib'Do bep,aiT) nu fi'ft ocuf -00 caipaib -00 beitan) na inna; 
ocnf (n comFaD ciasaiT» na pl»- T '" T«nann, if in compTO pn 
00500 na mna. Cuc uaiii if mna beivai'o in cecnija-o if abaíi 
ceofia ceachfiamca Tio beiian ajx i'it nibt'obaiTiann.ocnf if amlai-ó 
'OobeiiaT» .1. aba* tio cabaiiic Tioib h]i ín mbfobuiTi caclaepe iie 
naceachiiaimce; noT)ono,ceana,coiiiUT>if in ceTiLo, ocuf if in l» 
meóonaé, ocuf if an lo T>eseanac; Tiuí, -0! amac a foiiba na 
ceaéria'"'^'"' cuift'se, ocuf a nintiíceíc na ceachpaman mecon- 
aige caii feapc ín fepain'n, ocuf T)a caiing le ocuf ban vicrónaife 
le, ocuf bet T)i ann pe laco nai-oci, ocuf niuna nncan hí T^utnia 
éig ocuf bec T)t ann ne pe na ceachiiamcan meTionaige, ocuf 
aba* T)o caboinc cac l[a]e ap, ín nihiTibuit) pe pe na ceachnamran 
mewtnaige; no, comaTtaf in cév lo, ocuf if in lomeTionaí, oeuf 
if tn lo Tieijanac, ocuf T)ut Tit uinac onn fin eo cptan in pepainTi, 
ocuf ceicfii caipti; le ocuf T)o banfionnaife, ocuf bec'oi annpTie 
\\e la co nan>ci, ocnf muna Tiamap -Dlise* vi if t>uL tíÍ uia cij; 
ocuf beé T)i onn pn pe pe iia ceorhiiaincon T)eí5inai5o ; ocuf 
aboD Tto cabaipc eac lae t>í a\í In mbi'obui'ó pe pe na ceacli ■ 
Iiamcan T)ei5fncait ; no, conioti of in cév Lo oeuf ip in Ló T>ei5- 
onac T)ol T)í amac co poise Lec in fepainB, ocuf hocc caiiiig Le, 



O'D. 411,idd(h(n,''I.e. jonder (wÍtMm 
the laiul) *n Oie decUan Ii it tfae explration ot tbe lest four di}-B, UDle» law has 
beea ndcd lo hci nutíl Ihen. Ciaiuutcbta, dkughter ol Citnnl*. loii of Teigii, son 
o( Ci«l, suid for )BTco 'Cutnhala' (or tlic mrard ol ber hiuid-Iíboi^r," 



OF TARINQ LAWFCL POSSESSION 



in poiud íor her i ii ú tr procinct Diullf sEterwuds. 3he ÍB entitled to Of taxivo 
four ilaj'i, La il h righl to cede her l»w at the e3t]iirotion ol the middle (our fcAwrtri. 
cUj-í «tler cho fim foQi. She ÍB entillod to two for hor middle, i.e. it ia P<"'3»bK)»- 
rijjht lo ceiie her law it lh« end of two davi of tbo lut fout síier the niiddle 
lonr liad leni atteadedto. For ber last to speedy judgmenl,' Í.e. within 
Bll the judt-ment lioi for hei at the end of Ihe lut tour daj'i, i.e. íhe i* lo bring nll 
her uttle into iC. 

If it be certaÍQ to him' that law will not bc ceded to him, it is 
guiltleíS in /lini to go over with all his cattle. If it be certíiiii to 
him that Ít (law) will be ceded, it is full fine of lawful actual pos- 
Bession that it ia to be pnid by him ; whence is derived tíie nile o/ 
law, " Ut B, Qotice of thrice t«ii daj's be geven, when it is doubtful 
to him whether law will be ceded to Lim or not ceded, " Le. within 
tbe temtory he ia tarrying while he ia sujipiiciiting the defeudant 
on the laat occaaion, but at his own houao on the íirst and middle 
occaAÍon. 

That is, every time that the men give Eotice of thrice ten dajs 
tho women givo notice of thrice four day8, and whatever number 
of horsea the men bring it ia the sitme nuuiber of Rheep which the 
Women bring ; and tlie extont to whích the nien enter int« the laod, 
b the samo exteot to which the womeu enter. Every time that 
it ÍB womeu who bring the means ofiakiag poasession it ia a notice 
of thrice four diiyB they serve ou the defendout, and it is thus they 
serve it, i.e. they serve notice on the defendaut every day during 
tiio space of the four dayH ; or, indeed, aceonlint/ to oihere, Ít is on 
the firat day, and on the middle (lay, and on the last day ; she ia to 
go out at the expiration of the first four days, and in the beginning 
of themiddlofour dayssAeis (0^00301« overthemound-fenceofthe 
land, having two sheep with her and a female witness, and shc is 
to remain' thero for a day and a night, and unless she is responded • 1^, Bt. 
to she ÍB to go to her house, ivnd to remain tliere during the space 
of tlie four middle dayB, and to BorTO notice every day on the 
defendant duiing tho poriod of the four middle days ; or, according 
to others, it may be on the first day, and on the middle day, and 
on the laat day, an<l she is to go ont thcn as far as the third of 
the land, having four sheep with hor and two female witnesses, 
and she is to remain there for a day and a, night, and unless law 
ia eeíled to her she is to go to iier hoiise and remain thcre duruig 
the space of the last four dayB ; and she is to serve notice eveiy 
day on the dofendant tluring tbe spiice of the last four dayB ; or, 
aceonling to otfte7-f, it may be on the first day and on tlie laat da^ 
a togo out as far as half the land, having eight sheep with 

■ To hím. There is sume etror or ibfect iii the conteil here. 



14 T)m Zeccu-gíTO Sifma. 

O» Tuiao 0(1,^ j^f bcmpcretiaife, ocuf hez -01 atiTi fio la co naTOce. TTla 
», caTnaiiTíliseíTiianiifeij, ifDliEe* vo Ttenam Twib línin fejiann ; 
ocuf muna ■DoniaTV ■ot.ise* tií, iflan Tif gi'n co ci, aíc a cnoti tiiti 
■Dobjveic Ín'D anun'O a f oviba na ceovta ceachnamca; ocuf semaD 
\w vvul anunT) bu-o chin'oce na Tienica Tili5e'6 tm' gin co cnca 
titigeft 'Do neac, no ■ot.ijeti ceécaigce íme, acc ■duL anam) Tif cona 
CH06 ocuf co na muinnce|i fo cécotp,. 



0"D. ilO, [CCpaó naile o mnaib cecc if cí\\ i foif^nn na fe laiche ; af 
*"■ a hochc famloiTi, ocuf anoD cecjie ta ; ceéc anunn, laitfnnMUsa, 

if mle ■oec fomluiTi. 

CCpa* CTieip a nTiectimuiBB vo bejiuic na fiii im a pe|iannaib ; 
T»ul ■Doib anunn 1 foiiBuig nct cec T)ecbmaióe ■Dap cLan tn fe)iuinn, 
ocuf ■oa ech Leif, ocuf pacmuifi ■oia mbi lojenech in fefiunn ; 
ocuf coitecc Tja cij Tie i\e na TiecbmuiBt me^Donce, ocuf uut onn 
annnn ina fojibatt co CTiiati in fejiumn, ocuf ceicbite beich laif, 
ocuf a fsup T '" fer-onn, ocuf va fioDnuip .1. cHtT,ub Logenech 
Sach fefv Tiib in f eivunn ; caiT>ecc tio t>a ng ixe jie na Twchmaféa 
T>ei*enie, ocuf Tiut anunn intt fopbaó in comac buf aitt teif, ocuf 
occ neicb leif, ocuf civiuii pa*un Tjajtab L05 eineeh cach fejt 
T)ib in fejiunT) ; ocuf biTi caH. no co nT^amcun ■DtiEeTi t>o uiiiun 
feTiunTi. 



1f 1 Tiecbiji in batnceUaij ocof in fOajlceLlais, .1. anuf 
T>echinuiT)e Tifiji anuf cecpaime vo mnaoi, anuf peii fiarinuip 
T)0 pn anuf ban paT)nuip vo mnaoi .1. cuf in cechiiuinie 
T)eti&enui$ fep. ponnuip inTiri fein ; anuf eich T)f6iiuib if caopiT) 
Tjomnaoi. 1n opba ciiuiT) no fLiofca a machap beiiif pp in 
ceccuBOD pn, ocuf ni f uil mac ann ; no, if a feiMinn achnp ocuf 
fenachuiv, ocuf ni fuit comoivba fepp^óa ann.] 

beaixcai'D Senca cecbiiechacli banceLlacíi aji peiicel.- 
lach, conTDaii peixba ptilaclica •po\\ a giiuai'De laji 
ciLbjiecaib. 

' ' Cniid'-iaiid. Otct tiie 'd' aí tho word '«raid' i» written Ihe luu&I con- 
trtctlOD lof ■dd,' 'or.' ood ths l«tt«t >b,' tnggMtiiig Uut tlie wud might be 
'cimib,' 'a hand oi Gst.' 



OP TAEING LAWFUL POSSESSION. 



hei' aiid three female witnessee, and h 



i to remaiu thcre for a Of TAnvo 



day and a niglit. If law be ceded to her then, tíiej are to malce poaag, 
regutaliatta according to law coucemíng the land ; and if law be not — 
ceded to her, ít is safe for her though she iihould not come, but íAé 
ú to bring all her cattle over at the expiration of the thrice four dajB ; 
and even though it should haTs been ccrtain before going over 
that law wúuld not be ceded to her, though law had not b«eu giveu 
to anyone, or law of actual-posaeaaion touching it, but she is to go 
over with her cattle and with her people at once. 

A notice of two daya i» ío be given hy women that thBy will 
enter* upon the land at the expiration of the aix daja ; it ia • Ir. 
accordingly Ín eight daja, and a Btay of four dayB ; they go over " " 
aocordiugly in twelve dftyH. 

The men give notice of thrioe ten days touciiing their lands ; at 
the expiratioQ of the firat ten dayB they stiall go over tho mound- 
fence of the land, each having two horsea with him, and a wit- 
neaa who has honor-price eqvtíl ío íAe iwAm of the land ; and he ia 
to return to hia house within the space of the middle ten dayB, 
and at the cxpiratiou thereof he ia to go ovcr as far as the third 
of the htud, having four hoi'ses with him, oud he unhamessoB them 
in the land, and /le /las two witneHses ; i.e. oach man of them haa 
honor-price eqiial to tlie value of the laud ; he ia to retum ta hia 
houae and remain there during tho period of the last ten days, and 
at the expimtion thereof bo íb to go over into íAfi laiid aa tax aa he 
may thinW proper, haviug eight horaaa with Jiim and threo wit- 
uesaeB, each man of whom haa houor-pricc eqiial to the value of the 
land ; and ho ahall remain there until law is ceded to hiin can- 
ceming the land. 

Tho difTcrence between a woman possesBÍon-taking and a man 
poBseasion taldng íb this, that which is ten days for the man ia four 
forthe woman,aiuíwhatiamauwitneBa to thomania woman witnrss 
to the wonian, Í.e. until the lastfourdajs in which man witneas Íe 
required/oT both; what is horacs for men is aheep for a woraan. Into 
the 'cruid'-land' or 'Hliaata'-land of her motherahB bríngB this pos- 
Q-taking, and thero ia no son ; or aecording to otherg, Ít is into 
tbe land of a father or a grandfather, and there is no mido heir. 

Sencha adjudged in his first decÍBÍon woman pos- 
sesaion-talíing as man poasesaion-taliing, so that there 
were blotchea raised on hia cheek after having 
p<used biased judgments. 




16 "0111 Cetrusat) 5irana. 

or TARwo nicraibfiisaptiiiii'DeapfibiieachaiI);iri conmi'Di^aTi 
posíMbioM. banceaLLacIi, comTiap, peaiiba paL^me poji a simaiTiaib 
laii Fip.b(i.eacTiaib. 

btaficatti 8enca -1- po bpeiclinaisB[^(iii Sencn apj cec biieicheiniiu]' 
Sn cechcnsaT) baiit)a amuiLin i^clicnscn) veivna. CoiH'Dapveii.lJa.i. co 
fio impoiliisiCBit na bolga VOT* a gpnai'oib lan mbiieich iia cLaenbneí .i. 
lari claen biiechib- 

tlicfai bti.iB''' T"> icui^an bnij; 'niEen cSenclia pn na neiji piiiiitii 
apnbjveich. Ifi conmiTiióaii .1. ip TiomeiremnoiEOi-canln ceÓcttEnt» 
banTM. Com'oaii veaTiba .i. coji culoisfficaix -i. con Loisj-ecaii acai 
na bol^a pori a snnannh lori mbiiicli na pTi'>Iiee ; ocui> if a]-pn saboiTi ce 
fxa neich ■ouino aeiv wi neocli, iio rogait aiLo ini", o iia gena naí coib«elach 
uo mola* conwsaiii laix fin, no o ssbuf iman v*'5'"^ P"' conia inaii'o no 
ocnf 90 neich bovein. PalgtiiiDe -!■ vol.5ichi. 

.1- if 1 bjiech pucnfcaii Seanca tn ceccns^nTi] ban'oa aTÍiuiL m 
ceccii5[aTi] fej«)a, ocuf fio ejxsefcoTi bolsa foii a sfiuan)ib ; octif 
110 icori;aii fipmne binje efec. Ocuf ifi bTxeorh jiuc, a reach- 
'™S["^] re'" 'oona innaib. CCcuf if af fin if foLLuf ci'ti fogoL no 
Fombiieero Tjuine -do Tienam, o buf cai\a no coibTieileaÉ vo no 
SeboD uimpe, conoT) ínann t>o ocuf no gabaD bu'oein impe. 



InLoLaiTi reichiTiap, feaLba cechcaif a cotiT) a cenaL 
Oach be "DesabaiL, cin'Dir bap.achcai5 cpice, coijifeaii ni 
bia o befaib moja na pon'Dai'D iiaice. Saepca La fine a 

FOficomoL, po bich banaTibo roipc. 



1 n lolai Ti .1. Tio oiUsefcop .i. no SneilLEifcaii «itiii, ttii^on ITliiiT^ ocnf 
Sabaip, ínson coiipaic Tnin-o na voiianna no ceícai5pca]» comiaig o 

' ninuil/.—Ia OT)., 413, the rcading rum somcwhiil iliíerantlj-, u íoUowi:— 

" So tlitt Ihe blotdiea diuppcnred Iroin hia cbpohs aftei ibe ptusjji^! of the Irne 
judgmeiil bf her, inil Irom thia is dfrircd Ihr mtlom i IhiC íi a msn ahould pin > 
lalse nnteDce, wheníTcr a friaiid or b reUtiva ol his «hould p«H the tnie jndgment 
tfler it, il ia Iho »«me to him ns if he himself had píssi'd It, und It fneablm 
from the flnea of fslM judgment afler il, t.e. u he i« bound lo psj- flnes tor him to 
■aother creditor, aa i< he to hive tlie beaeHt oF the jndguiDnt dulirered in tbii cue. 

• Seiiier. For 'Sdchidar' of O'O. ]2fiS, O'D. *13, readi 'Seithir.' and C. 



07 TAHISO LAWFDL POSSESSION. 



17 



Brigh i 



iruth by her true judgments cured ° 
i,t established the woman possession- P' 
taking-, so that the blotches on his cheeks were 
concealed after the tme ^ndgments tvere passed. 

Sencha ■iljudged, i.e. Sencha Bdjadged in hiiHnt jotlginenl that the femste 
piMseiuoD-tiiUiiif; ahnuM be tlic BUae aa tho niale poueuioa-taking. So thal 
there wote blotches, Le., >o Ihnt the blotthea were raiwd on hb cheelu «tler 
haviDR pmed Ihe biaied judgmeat, Le. arter pirtiil judgmeiita. 

Brigh cnreJ.Le. Bfigh, dsughler ol SenchB, cured him according to the trulli 
of her Irue Judgment. Isitihethat eBtiblished, Le. it ia she that con- 
oerted the (oniHle poseesgian-tBlunijr. So thit the blotchea, Le. thit thej 
niak down, i.e. thit theswellingolthe blotclieB disappearetl sfter thepauiag o( tbe 
tnie judgmenl ; and hence i!i deríved Iht mk, Ihat Ihongh a person may composc k 
■atire, ordo other injarr 1o aiiother, !( an^ telatíve of hisahouldcompoieaeulogiuni 
alter Ihat, tíie latler irill nuUify IheMolin; or if he shDuld malie good Ihe ÍDJur;, 
L that ii Ihe aame bb i( he had done lo hiinselí.' Conoealed, i.e. hiddeo. 

I That ia, thejudgment whicli Seitcha, paased vras that the female 

' pOaeoR3Íoii-takÍDg sliouM be Iike the male [>osBe8sioQ-taking, and 

blotchea <lid rise on hia checks ; and the ti^th of Brigh cm^ hiiu. 

Atid the judgment she pftSHed waa that the wonien ehould have 

a poasession-taiting of their own. And from thÍH it is pvident 

thftt what«vor daoiage a person attempta to do, if a fricnd or a 

relative should undo it, it is the aame as if be himself should 

repair it. 

I Selther' claímed the lauds which the chiefs of her 

I tribe had taken possession o£ She was a woman of 

two races, who was entitled to the land, oiid she 

sought that it should not be after the custom of 

alaves, or dispossessed persona. She was freed by 

ther tribe from obligation, because female poasession 
.reverts. 



btie ■ daughter of Mea 



hiLllenged, Le. Silliir,' daughter o( Men 



h the chieiaof her trilie imd tolien Ciopiof. 



■ SiAir.—ln C. 8+8, and in O'D. Íl3, the following note 1« given i— 
"Sithir daimed Ihe lands, i.e. the daoghler of Fergti», «on of Ledi. who wbs 
narried to^ Anluan, >on of Madich, oiH of the FeiitL and ibe had a aoa by him, ^ 
Nia HacAnluain. Sithir claimed a poneBuon liom her brotheis, Í.e. from Ailild 
LelhdheTg and from Aengus Ai^e, Le. the (ace of that AÍIell wbs half red, and 
L[t ma In Aigle Aengus waa fuatered, Le. Mátheaa ia tbe terrilor]' of Uladb." 
VOL. IV. O 




"Oiii CeccusaT) Sirona. 



18 



lo cwiwiU Cechcaii" .1. (locoiniitiéifciiTi, tio paUicoivtoin'o. bacli be 
tJe5abail.i.|«ichimnoinTipnsini coinroben ]iociníiu|Tap,oT)ibEublaib, 

"' if-nea orhoitx tiiiU.caibocai'a niachaip.'T>oveíriibT«iiinacli. biiTvaEb- 
caiB cpiíe .1. b« )tei«iiiech ip 0]» in ciiié 110 íanu^aii, tip )io b« 
cancanacli te. .1- juíb iin>piisci popi 111 cpich |io oapujtap- Hi bia 
o be]'ail> TTioga -1. noco bicro po bapn» Hnae no aibin* oc pnbaocof oc 
ttuba iia dnt) uiLe. .1. ni bioira 0151 pne na ne£iciyi, acc a T>at)Ui£c 
buvein, .1. ni biotva fiu ocuf eaH 1 cinn cipe .1. ni bia cif no consbml. 
puixiiva, nn bioctioo ai'oe'á cuaiti na Tiuna, acc cinvcaiche]\ fnecti. N u 
FonTiaiTi p,aice .1. noco coniiabÉa af no hi pop In |U)c can a l«e tii c«n 
pubaocufcen (luba. 8aep,ca La pine .1- foiiatTicep a ppaccamol. a 
pepanTi na plno otnlaiTi pn- pobicti bano'oba caific .1. pon pach 
if OTiba Tiap. coip (ti|reo 111 pepaimi hi lap pjv ini a cabaipc uiU ■01 co 
puba ocuf 00 pubd, no itn a let ni cen puba ocnf cen paboi no pon puch 
if oDba Tiap coip oifec in pepainT) uaichi lapf na p», .1. jui bni cpebuiTu 
fpi haifec. 



*0oi5in aji a feifeaii befii cetlaij. 1 ceoiia "DeachTner* ^ 
Tiaib Tilise'D, maT) piiir jaif comaifirep, ; o ca ainial co 
qiicliaTi, at) naen befcna cellaig ciT) TiiabaL pT) poiiiEe. 



t)a eacli a laiin leoch aen realba, poDnair.e in** 
T)p,ic, piticir TiliseT) cuice "Do "DliseTi, TnanaD be peine- 
acliar- riluna be feineachar, celLair laiii'uiTíiu ímÍT> 
fiaín'D ín 'DechmaiT), ceichii.i heich aitiuf ixuiicaiii fae]i. 
reatba Tieige fep, piaTiaii toc; fvanTJca cofmaitif; 
cpeife "00 "DtiseTi T)ia noT) be Feínechap- ITluna be 
peinecup, cettaif iapfuiT)iu a n'Dige anT) T)ecmaT), ochc 
neich aiteuf im ciieib copuma, cpeige f cp i?iaT>an tac T)o 
^pcfDaib feíne. Uannca cormaitiup Cut fui^eatt 
uaTiaib, T)ianaT) be jreineachap. tTlunaT) be peineachar 

•Shnll noi /re(l.—Tbe M3. hera hui oiiIy 'biotv' wbich Dr. 0'DoaOT»n 
lcngthcneJ oiit iato biaépa; 'f' ^^ ^^ uuna u>uk ol conlractíoD ■iHwhere 
ii lHD|{theiied out into ' pop.' 

« Aí lie bordtr ofthe iam/.— For ' Leach oep feaLba,' ol IhB l««t, llie híg- 
iil in C. 850, híVB " let faoif^ 



(peHing ol 



e poMeHiatii." Tbs dÍSeient MSS. tasj u iun«l in th^ 



OP TAEING LAWPDL P0SSES8I0IÍ. 



ríIUMtoiie» there. Sho was i n 
ihe «aa descended froin two races, I 
thc Fíini of TeBmbair. Entitled 
the luid whicb she loTed, ot whic 
to thc land which ahe loved. Tha 
ilsvei, Le., thit ahe BhDuldDat, ic 
be IxraDd ta |>ertDria the aerviues of 
■bsll Qot feedi thc^ heid oí the trib 
wiah, i.c, alie ehsU not leed bere a: 
ebaU be neithrc rc 



1 of, lo., erectoil boiindaries, or thej pUced 
>maii of two racca, I.e., IholdoTÍcuDsttbBt 
iT falher bdng of the Dlta, and ber motherof 
:a the land, Le., ehe woa direcll}' entitled to 
was doar lu her, Le., ihe vtaa entitled junly 



t aboald n 



alter 



istom 



■ 
■ 



irding U> tba pleasujt or dalightfal tnovledgB, 
ttack and defBace for the eBtíre of i(, ÍE.^ ahe 
or anjí olher peraon, bul accopding to her oirn 
1 Iharfl far the sake of (he territorf, te.. there 
□t nor kwping apon her, dot cefection for the gnesti uf the teirí- 
torj' nor of the 'Dun'-forl, buC eTcrjr Impoit Ii removed^rDm her. Or dii' 
passeised peiaonB, Le., ihe was not remoTod from it opoD the road wilhout 
recelTÍugtha ono-half thereof without beiagcbligediopttjbmi the servicss of attack 
anddelence. She wie freed bf her trlbe, ie., ahe wai Ireed from Ihe trae 
obligHtioti af the luida of tho tribe in that maDner. Because femala paiBai- 
llon rovert», Le., becanaa Et ii a propertf ol which the land is to bs reatored In 
tmth, for gÍTÍng it «11 to her «ith the Bbligaíioa ^ ptrfurming the servicca oí 
atlack and dcfcnco, or of giving Iho half of it Trilhout ptr/ormiitg tbe «erricea of 
■ttack and defence ; or bícausc it Í9 a propert j of wbich the Innd la to rerert from 
her Btter the terni, i.e., therc wai >eciirity lor reitoriiig it. 



Doighin, dost thou know the customa of an entry? 
In thrice tcn days law íb due, if thou consult wisdom ; 
from land of the value o/ onc ' cumhal ' to thirty, 
it ia one custom of enti"y, though the length of thc 
* Foirge '-measure should be doubled. 

Two horses in hand at thc border of the land," ivith 
pure wjtnese, he demands that hia lcgal right' be • 
ceded to him, if there be 'Feinechus.' If there be 
not ' Feinechus,' he returns until the middle of the 
ten day8, when he should bring four horaes which are 
unhameBsed in the free land in the presence of two " 
male witnesses. There Ís a similar division ; in three 
days afterwards his right law is to be cedcd to him, 
if there be 'Feinechus.' If therebe not 'Feinechus,' 

Ihe retums after this at thc cnd of ten days with eight 
liorses which he is obhgcd to have to relieve the 
house, with three man-witnesses of the ' Feini ' grade. 
There is a similar division. If there be ' Foinechus/ 
speedy judgment is passed Ín his favour. If there 
TOL. IV. c 2 



20 T)in Ceccusu'O SiixiTia. 

'"cecca cuiniTie; i I05 -00 aip,5fean co peir, cononoj, co 

"■ cein 00 naicfieib, co cojiuime ceaclnia, achc ciji cuinT) 

ceccopaij, no imcelscrD nibiwsa noch ip nemeoT). Ir 

ap in ceallacli po "Do bongap cac fealb la ireine. 



Cfiui cip£ 150 ceLlach, maenan main moaisceap. 
recaib; "Do iiiiicaji, mcTD la buaii buip^, cumal afe 
I'Lain'Dceii. tTlunab -po feiLb cecbca cin ^en cunT) 5en 
coibne, -DiLfi buaip be|iaiiv 



"Ooi jin an ai;eiyBa]i.i.aTnaci antíinTie"DoiEen,coFeifei»pnim co 
ivjib acac bapf gnae no aibm'o m ceccaiBÍiTioiieipiiii FBneclnnp -i. Nin 
T>onaiT)annfovT"*0<n5in-i.n^iniai:piiBait'DUlttaib. I cooyia Tieacli- 
tna'oaib, .1. if na ceojia ■OBchmaiTi oea tiLi5»6 in ceícmste, no a^ a 
01ÉL1 na cooiwi nTiechmaiTi tjIosoih tib a ciioti oilo -00 bjMit inrt. TTI aT> 
FIiiy saif , .1. moDia coim]iif n nntjaif pein, no Tiia nimccniainccHn 
jiB ^aetttib, ir amtaiT) |w tki Tiena- ca cumnL .i-oca aijTieiy Txim 
T)on cip, camaiLe co nuici in Fep.aiin iy pu cjiicoc cnmal, ocnf cin'oceú 
aji eicinr>cech f (n, -1. citi cip. cumaiLe cit) cih qfiicaic comaL, ij-eTi nen 
bep:iia anii fo FniL tio eeU.ach. CC'ó naer bBj-cna -t. ij- inann Tiotveijl 
bapipi ^iiae no aibmT> Tjhgei a ceícai^ti. CiT>'DiaUal. veT> j;oiT^E°-'- 
ciT) T^iabLaT) voi^^e ap, pac bef otin, if aiiiLai'ó pn biaj\ 

*0a each o Laim .t- va ech 1 Laim comci let eochaip in pejunnv, 
ocuf nocQ faeji Tmib a fcon annpw, ocof bcic coic feoic T>ia j-cn|tcaj\ p> 
cecoiii im ín cijie .1- tech jthh na feaLba, no if in fem [j^ilbjlechfotp, tm 
comailc a veoip numa, Laiij\>Bii imoniw) in feaLb vo mBLoji fei^ ocup 
QnbtiTiíLecfaDpimupnomci^aLb nacomelati accveiino a|tbi>ji nomo. 
(.each aep, .1- tcin a cLaT> ocuf aaji. piaunaife inT>|tic i.povnatfa 
inTipaic aca ppechain cona ■oListBCh t>o cnaiT> ipn peaiuntTi. Cntce «o 
T)Li5eTi|T)ianaT) be peineacliaf .1. moTiia jvoib jMan tiLigii in pene- 

' Fuod. — ' cein ' inay aliD meín fire.' 

'Dmsiíii.— AiomowhMdÍfferentconinienlarjÍB^veninO'D., 418,M tollowi! — 
"Doidhin, iBÍii Nin loherMin, lo Doidhia, that Oiou m»jat Itnow tbe good Or 
pleuaat ItDOwletlga o{ the poBHusioD-taldiig ; or Doidliiii wu tbo aune of tha 
BnhoiL Sbs wbs a femals 'Coub;' and Bhe obtuiu all ba land irith obtigaticu 
to perlonn íervÍCBS ol «tlacfc and defencc lor a time, aad the b«!/ of il irilhool | 
obligalion lo perform «ervici of allaclt and service o( dcfeccfl." "CClui Feifeop." | 
meaiu ntíua, "doit (hou know,"(ir "Uuit thoumafst luiow." 



ft 



OF TAEINQ LiWFUL P038ESBION. 21 

be not ' Feinechus/ lawful possession is given ; ite O' 
price Ís to be oflFered with sheds, cows, food,' habi- 
tation, with attendance of cattle, except in the case oj' 
the land of Conn Cetcorach, or ofland devoted to the 
Bupport of a mansion which is a 'Nemeadh'-person's. 
It is by means of' this lcind o/ entrj every land is • 
seized on by the FeinL 

In an entry on land which has fences, it is not 
equally the property increases in ' seds ' ; it is decided 
if it be with kine he takes ihe possession, it is a ' cum- 
hal ' that is mentioned. Unless it be in a lawful 
possesaion in a land without a chief, without a tribe, 
the cowa which are brought are forfeited. 

Doighia' cloBl Ihon know. i.e. henon; ísid Nin ta Doighin, thnt Uion 
nujeat kiiov, or tbat thoa majeat hare plaaauit or deljghtfiil hnowledge of lawfnl 
paweaBton'taluDgaccordingtothe Feinechna; Le., Nhi Baid Ihi» to Doighin, i.e.,ta a 
lonota wiscmanDfthe'Ulta'. In thrice tfln da vs, Le., in threetimesten da^a 
tbs let'al righc of poaaesaion 'alo be concrded, or it ia nfter the three ten iiy» It U 
required of him to bring all hia caltlethere. If tbon lonsultwiídom, L&,if 
thoa Goosalt thj owa wisdam, or l[ tboa confer «rith wlae men, it is thns lliOD 
wilt do. Frora land o/one 'cnrobal,' Í.e., M I un Irealing ot land _/]i>m 
the land of C4e calae ofone 'eumhnr to the land whlch ii worth thirtj ' cnnihata, 
snd thÍB ÍB a aue qf " caTteiM^ for uiicertainty," i.e., whcther it ia a Und o[ lia 
talue qTane ' cnrabal,' or a land o( lAt vnlue o/'lhirty ' cumhals,' it Is ono cnatara 
that ía lor tbeeDli}'. It is one Enatom.Lo. the lawoí Ihepoweuioa is (hesama 
■Gcording to tbe ptoasaat or delightful icnowledge. Thougli Iho lenglb ot ths 
'íairge'-raeaaurc ahould be doubled, Le., though the doabling o! the 
'foirge'-míaaure shonld take placo throughant, it i> lo it will be. 

Two hories in hand, Le., he ú lo tntM Iwo horwi, lultl bg lAe tridla, in 
liia hand tintU ho reacbea the border ot the toDd, nnd It Ii not íree for them to 
upbarneas tbera there, and if tbey be nDhameued nt once In the land thero wlll ba 
aflneof flve 'i«di,'Le., balf Ihe treeddm ul the laiid, orit is the old land balf (ree, 
[or ealing Íta gnaa alone, but lull}- tree is Ihc Innd ot wbich Iha grus and the corn 
■re eateni but the land !> hall free of wbich Iho groiu or coru alone Is eaten 
Border, Í.e., helween thu moumt and tlte tillsge. Worthy wltneíi, Lc., puro 
witness to SM that be entered lB»tully inlo Ihe land. That hia legal right 
be ceded to him, il tberc be Feiuechui, i.e., if the naoge ut theUw 

Iln C. 649, the readlng la ai followi : — "Doilin, doat tbou know the coitomi o( a 
Making entr; tm lundl S'iaé «aid these wotde to hú >on. A. wiae raan of the 
Dltoniaiu Miil 90 to his son, i.e., Dodin, to leaeh wisdoiD unto hlm i so that he utd, 
Dodin, taid ho, doít tbou fcnow Ihe customi ol the makÍog entrj o» land with the 
Fnni? What Uvr does he mentiaa here? Answer, ihc Uw of cattle pouessioai 
Qnery, vhat i» the rÍBbl (orm of this law, &c. í" 



I 



22 "0111 CeccusoT) Sirano. 

Of TAKiirocliai|' 110 Tiiimtain t>o, iw bo coiji tilisei "00 poTiba cmcti ti 



1 cet vechmoit). TTI n 



wuniun- „__„ *i/rtli 



, be i-e< 



arii"niTiiu, -1. call oca le^* 
la T>86ni(TOi -I- a poP't'O na Tieimai 
■DBiDenche. CeicTiiii tien 



penechaij- tio 

anioTia pn a meri o tiohit> in 
menQnii ocuj" 1 ntriTiiicQét; na 
.1. ceiclnii eich aipilcmEuf no 
T>tiEn|' T)o bjiirli leii- iiit> 1 i;oii,ba na T>eÉmaiTii itienoiiíi, .1. ijmoh Tjoib 
a ]~C0Tx ifin Fenonn annp-oe, ocuj' noco j^eji iiomainTi. T^eig'e \:eTi 
fiaTian -1- TieiTii Tipeixoib ipn tiannm|.e tjo bjieicli Leoc .1. cjwiTii. 
RanTica coi-mailij- .1. up,iiaiinraiii coj^ailuj- no piiinT>i necu, no m 
piHinTii acu co coj-maii. Cjteif e tio TiliEeT) tiio noT) be veiiecliaj" 
.1. mania jtoib jiian t)1,i51'Ó in penecaij'Tio namcoir tiaic, jiobn coijvr>li5«T> 
T>oi potiba cjieip non necmaiT^TieiTienaiE, o tiaichli noTiecmaiTii meTJoníi, 
ac fupiia.i. omailaca ju>niainT>, ocnjTeic a naijtiTh apoi'ó, mana cajtcajv 
pojv puilLen piiif suiiub TieímaT). 

CCpo'D naite o liinaoi, ocof cefiif if ciji a foijicenTi na haoile, 
ocnf ona* f e la lajifuitnn, ocnf ceÉt; if wn. 1 foijicenn na fe lo. 
1f a hotz ^■amlat'o ocuf anaD ceicjii La, ceCc cmnnTí itrjij^rtiti tf^ 
aile véc f amlai'o uona. | 



CeLLntf lap f n 
nneímaD. tC nTng 
Ochc neicliaileo 
leif co ciieib no inT) 
cjioiT» nvejiaib ipn pif 



iD, .1. caLL ora Leof naic in OTibiiL cinT>!uT> n^ 

.1. occneich if e nl aiiiilLnir^ no T^Ligef Tiobjieich 
feiMiinT) T>a coijMtin- 'CiieiEe peji fianaTi, -1. 
onaifenobriich ann- Lac tio Eriauaib peine, 
la Efia^aib nilei> t>o neiriin penechoif . Ran n ca cof m aiLi n f 
.1. uc j^pjiu. ^uL puiEeaLL, .1. moDia noib j^iaii TiLiEen in penechoif 
Tjo namcain Tmic calt, oca puigeaLl tiili naic 1 poivba no neémoiT)» 
T)eiT>eníi. lllunaT) be peinoocbaj^ .1. oc fupjio. Ceéca cmnive, 
.1. ceccoiECBH cuinítii in Fenaim)T>aic Losbit aoa piHTiechj^n conliEtoc 
jvif in ne pn. Co peif, ,!. oo laisi uoib ann, -1. co mbíoo coclcw. 
ConaT>oÉ, .1. m cejTiiioT). Co cein- -1- a liaiiibiachaina fP]ieiT)! pn. 
Co noicjieib, .i-co cp«ib anaic th) ci^b rio nenom noib. Co coitoime 
.i-cechjiaTiobiieitLacintiTiocoiiiicIiin. (Cctic cip, cntnTi ceccoii.atE 
.Mfe cecojiuc ciiian mbo a neipe, -1. m penann an aix Laefocuii nacoDnoig 
a cec cnjiu ceiUftne .1- cip, T>ibaT) coiccmT>, uain noco neicen apaT> ceoiut 
nT>ecmoT> imej^ein, no cechcnsaT) tio bneit innci, aic tt jioimi po cecoiji, no 
comaiixium ■oobrneinnci; aÍcinFeii.anti t>obe]iap,nfi6innoappochnaic 
if inwbejiaiiiinceícnEaT). «0 imcelsaTi mbpo^a, .i.nuncen feitbno 
ceLL cen poitíi oc no bt biiug nia nimceLEUTii .1. in peiiann ac na bi poiéti 
jw bjiett cechjia inuTio ceácti5aT>,aihuilaca"Dun CCpaiLl, uttip if T>aine 

' 7V» mofe OT'ínMír», In O'D- iH. IhefoUowing is «il'ied; — "The honor price 
oí e>ch of wbom is Bqaiil to tbe vslut of thc lanl" 

' Tltrti. 'T^peiT>e ' is an iu)d«rlÍDed gloes >ppareatlf bjtbe mmcband as thU 
which wrolo ' T>eiT)e ' orer tht line. 

■ Tntlve ilaDi. Thit pu-igraph is found Ín the lower DHTfnn of coL 2, pige 7, 
ot tho HS. £. 3, 5, in the band of one Donncbidh, dated it TTIoin na caop, ISti. 

•T^ifamlo/CÍHHiCiit-Coract.— IdC-SSI, thÍ>iiexpUÍDed"7:iIt|ii5,thelaadcl 
aUDg." Id O'D- 41B, it ia called tiie ' dibndh'-laad of the ' da*i-iU>ck leoant,' and U 
Uthereadded, " the f om ol ' acc ' ' eie«pt ' ben is, !t it n«t cittls tbat are brongtit 



OP TAEINO LAWPDL POSSESaiON. 



oftbcFduecbaabeEraDlfdlDlutn, tbDÍenf/ío/linshDuldbegircn tohimittheend 01* uxRo 

otflTBd*)-sof thomiildlcten síltr thefiratten. If there bc 

&c,, Íe.,if thBUBageofthBFeinechosliwhunotboencededto 

«fler that, i.e., irithin thy welÍBre lÍM BtlBr that point of time, fraia tho division ol 

thB two tens, Le., frain tbe end of the mlddle len snd Ibe btginniog of Ihe last ten dajs. 

Foar boTSOB, Le., he U bound or obljged by Iiw ta bring funi horaes with bim 

into It, nt tbe and of tho middlB ten dijrs, i.e., it ia fre« forthem lo anbarneutliem 

fn the Und in thia cue, uid It is not free In the íormer inatancu.* T w o m a 1 e • 

witnesief,' i.e., to bring with thee two meD to bear testimonj, i-e., tbrce.* " 

There is í similir dÍTÍsinn, I.e. tber divide what HwmB iike the truth, or 

they bsve the tmtli ta all sppG^Tance.'' la t 



if tbc Fei 



, ií t 



lnw of Iho Feir 






is before, and tbe i 
ni«i(ian<d t n lAe rx 



w ceded lo bj tbee, it ia rifjht to givo hiin Ihe btHrfií o/lhe 
i dajs ol the lut tcn, afler tbe middle ten, ul SDprn, i.e.| as U 
:e goes inio ths reckonÍng, uuless it ia giTen ss an addition 
to it that it Í9 ten days. 

A notice of two day8 m given by a womiuj, and bIic cfaoea iiito the 
land at the end of tlie two dajs, and tbei'o íb a stay of aix dnjs after 
thÍB, so ttiat slie enters itpon the laod a.t the expimtioti of tbe aix 
dajB. It ia tho3 eigbt da^ and a staj of foor dajB, ahe goes over 
after thta, it is thna twelve daja.' 

He returns after tbia, i.e., witbin lit ierrilnrg tbj welfare lies conceming tho 
full determinalioD ot thetbreeten daj-s. Atthocndoften, i.e., at theeipiratioa 
of theiuttendaj-s. Elslit bories ho is Dblieed to b«TC,i.e., eight horse* 
ig what he ia bonnd or ohliged by law to bring witb him to the bonae or end ol tbe 
land to regBÍn it. Tbree meD witneaiea, i.a., thrse men aa lestÍmony to bs 
brooghtlhitbBT. With thee of the Feini gr»do, i.e., with thee, olthe gradea 
iriileh are accordíng to tbo Fiiinechus. Thero is b aimil&r diTision, Lo., 
utsnpra. Speadj jadglaeDt,Le.,if theeuatomof ihelawoftheFeÍDecbusbeceded 
to thee,withiní*<íoTfío^,eTetydoolBlonIie8lorthfeattheeiid of Iho lest len days, 
H tbete be not Feinechua, i.e., ut aupro. Liwful possesslon, Le.. 
the poueiHon of tbe land becomes logol fcr Ihee vrhen thou haat been Iegal1y 
Tiswing it daring that time. With aheds, le., for their lying there, i.e-i that 
ther nis; sleep. With cowa, Lb;, the csttl& Wilb food, Lo., the feeding 
ot thst csttle. With hahitation, Le.,to erect a habitation of hooses tor them 
iQwhicbtbej mBy remain. With atteud ance, Leijtabringcsttlewitb tbeelnta 
itforrolief. Except tbe iand of Conn Cetcorach.'Le-,hsw«stbeflratIhat 
obtained the third of tbe ' dibadb '-laud In Eirln, Ls., (be land on wbich the sensihle 
adnlts «ent their flrst ohligationi of tínanc r, Lc, a coinnion 'dlbsdh'-Iani!, f or ■ nolico 
ol three ten d»y5 is not neceasarj conceruÍDg it, or lo bring requJLStes lor taliing 
poasesaion into it, bat it ia to be dÍTlded stonce, orequalstock is to belirought into ÍIi 
hnt M to the land which ie lont or lot for rent, it is into it IbB reqnisilea lor taliing 
pOMesainn aru brought. Support of n mansion, Le., a'dan'-fort without 
land, or a churcb without a green, whith haa no manuon to support it, Lc, tha 
land whicb baa nogreon into which CBttiemÍEht bebrougbl lo take poaseasionof it, 

. -nt peraens, i.e., a 'dun'-tort wiliioutland, or adiurch 

without a green." 'Conn Cet-Corach,' appeara to mean, "Conn of tbe flrat con- 
tract," i-e., who pnt thc fint contnct, or engagement (' cor') upoD the tansnt. 




»4 "0111 Ceíni5fn) Sirana. 

"^^*^" bsTinix va ceccns<n>pT^e. íloch i|- nBTneaTi, .1. tio in i?©|xant> cqpa 
PutisBMion. Pliacomoilxeixcij-tio neimeT), artmilaca TTijt THu5a>n noUoc CDomaiin. 

I]- oj- in ceoLtacli j"o, .1. ti-ttj-in ceccoscro facoibEic«iicachT«1wn"< 

í mbenajx eechjia -oa ceecosm) tio jibiji in veneíaij". 

Cimi citie, .1. cetlaeb "i" in ciii im acaie ctxnf- Inaenon mam •!■ 
ni bínan* niosai5oy mfiine tm> neoch ceLlach t ciiv co cimib ocoi- 1 ciTV ccti 
ciiu-i. noconoenmanTiLini t>o bei(i monsan mainef aTki>eT><'' i:«iui>nn im 
lc fPC pif im ceícuEMD m penninTi co cjniib ime aici oew^ cen ciinib ime, 
acci]~ino i>o bejiaiit coctiuib imeaici; no noco naenan iiiun'o Llm ■oa beiji 
mooEao 0(1 in pep beno)" ceíhcoEan tmj bneich int) co cpoib ecli aici ocof 
cen cfiDibech, acc if moTiobeiiaiii cociiuib ech aici. 111aT> La boam .t- 
maT> leif in buori, t>o nl 111 05 boiji bepof im cechcirsoti. ComoL « fe 
fLaimicep, .1. aipieiTicen comaL ye mboa ceícoguTi cijio cen cnnn cen 
ooibnf- ITlnnab i-'o feiLb, -1. man abajx iy^ a T^namT> botjetn i>o 
ceécaisefcaii he, ij" aiin accc pn. ^en cunT>, .1. cen conn coibiuloj-j-o. 
5«n coibne, .1. cen coibinceTiaij' .1- naem ocuy ppen. "DiLi-i baaiT<' 
b8paiTi,.i-T>iL|i in buain bepaiix ip in ceehcoEot> nin'oLiBíec iiecoeCna 
cnmaile iiomainn- 



.1. CuTpal fe nibo fo, ocuf if cuma ara pn a cechcujuTi cipe 

co cuni) co coibne, no ciT) a cetmjOT) cifie gen cunn gen coibne; 
no Tiono, if cumal fe nibo 1 ceícugnTi cifie cen cnnn cen coibne, 
ocur comat cjii mbo ipn cecbcusaTi aih. 



moT» zcf(i lan (ine -oo na liuaiflib, ociif if cip jen cunn gcn 
coibne, if cumaL ocuf T»i(,p naiiime. IT!aT> ap, l«ic inie, if cxíi 
cechptiinice cumaiLeocuf i^ii cecbjiuimcenatiaiixme. TTtaTi join 
ímemp, if leCcumat ocof íeénai|ime. (Xiiieam namaDOComfo- 
jmL, amuil jio ivaropum, t)0 na Imiib, ocuf tec cumal man a cain. 
tTlcn) cip co ctiumi co cmbne, if Tntfe na haijime co cnmal Tiaii 
lan fme, cjii cearliiiaimce zaji tec íme ocuf teac cen fme icitl ; 
ocuf if inann ara fo ■00 iftib ocuf Tio uaifloib. 



CIJl 



TTlaT) anpf tio naiiob n]\ c 

chunTi. 



I, if lec pac uati, no ammt 



1 It'Aití ú n 'A'ímííodi'-pwsotiV. Tho rudiagln C, 8Sl,is "no cir netmi^ or 
tbe renC of > Nnliaidh, t.c-, land of whith it a due." 

* With ftHcit arouiid ií. 'cpu ime.' inay mcan iIm "a lence, vhich úlpanog." 
' 0/ iorni. The ivnrd ' ech ' wis not triin>Ul*d \>y Pr. O'Donovao : it Is bi.fe 
rendrred " harM^" Ita meanine in modera Iriah, B mfBning also foDnd freqiici]t]y 
in the Biehon Lmti— vid- C- l,24il, 1,990; O'D. 2,086. Th«t horae* wíre mgalnd 
for taltÍDg potaeuion in Mme cosm ii cTident from thú and Mveral othcr iia<Mgea 
in tbe preaenl tract. 



Oí TARING LAWPDL P0SBES8I0N. 



25 



POHBHIOM. 



RuchtaDnn Anill,forÍtíapetBDattliatirebrong1ittoUke poascsaioDoI )t. Which Or TAxna 

iia'yembPsdh'-per9on'9,'i.e.,OTtheliDd t>yRbÍcblheTPBto(Ibe'Neirahi^'- 

peiBoD U trulf «ecured to hlm, ADch ii Tir MagbaÍD or Rot Admiiri 

mcftna nt this en Cry, i.e., i( isby Ibis form of tahing pnttHBgioD everf luid Iq 

laheii poasesaion of into vhich cattlo trt brought to legoliie the posaesBÍoD mccord' 

ing lo the Fainechm. 

Laadwhich bai f ences, l.e., laealr}' on theland tboat which tbere aie feaces. 
It ia nol equally tbe propertj increaiei, 1.«., it is DOt eqD>1ly pru- 
pertj- ÍDcreuea for one alio Aajr nade enlry inlo a luid vith fencca tnd into ■ 
lnnd withSDt fcDces, i.e., I do not deem th«t tUng tho ume which brlngs increue 
of weolth to the Dwner of the liind u to pajlug ' aeda' to hlm ror takÍDg lawful 
pnssculoaof tbelandwich feDcca wound it' >nd a land witboat fenctaaround it, but 
more 'a given for land wlth (eaces irouDd it ; or, I do Dot decm tbat the aame whlch 
lirÍDga inciease to the mui who bring* meaniof talilng poucMÍou into It with cattle 
of borae* and without catlle of horeea,' bat it ia moie whea ho hu csttte of bonip.t. 
It ÍtbeirÍthkÍDe, i.e., if it be with cuws he enteri to take lawful possesaion. 
It la a 'eumhal' that is menlionacl, Le., ■ 'camhal' woith six cowa ii 
mentioned lu irought lo take pouaiaion of a laad withoat chief or tribe 
allÍBace. Ualesa it be ia ■ law/ul possession, Lc, if ha soys it is bia 
owa laad that h« has taken iiosaenion o[, it is in thst csse thia ia n. Witbout 
a chiet, Le., «itbont ■ chief of Ibe same tribe. WithouC a tribe, Le., witbout 
agreement, i.e., of saintssnd juit mon. The cows whicb are brought are 
farfeilgd, Le.,thecowiwhicb aro brODghl os unlawful mea» of tBklng pOSMa- 
■ion aie forfeited, togetber with Ilie ■cambal' nforcí<ud.> 

That is, this is n ' cumltal ' of the mlue o/ six cowa, and thiij is 
eqiiallj given a» thejine for takiiig posacsHÍon of laiid wbich haa' a ' 
chief and a tribo, or for taking posseesion of tand which haa 
not" a chief and a tribe ; or, ateording to of/iers, it is a ' cumhal ' of ' 
the valtie of six cows for the tafcing [«Bsensioii of land which haa 
not a chief and a tribe, aad a ' cumhal ' worth three cows for the 
other poBaeaaÍon.ttiking. 

If the Dobtes liave entored'' over a full fence, and it Íe a land ' 
which haa not a chief and tt tribc, ít (íAejíne) isa 'cunihal,'and for- ' 
feiture of Btock. If they have entered over a half fence, it (thejine') 
ia threo-qiiarters of a ' cumhal,' and three-fourths of the 8tock. If 
íAei/ liave eiitered on lcmd which haa uot auy fencc at all, it (tíie 
fiiie) b half n ' cumhal,' aud half tlio 8toek. The et«ck only ix to bu 
i-qualiydivided as we liave gaid, by the plcbeiana, and half a 'cumhal' 
íí Ihefine ifil be ia ' C'ain '-law, If it bc land that has a chiefand 
a tribo, it {Ihe penaitij) ia forfeiture of the Bt«ck with a ' cumhal ' 
tine, ifenlTanee bt tnade over a full fence, three-quarterB if over a 
liaJf fence, and one-half if there 1« no fence nt all ; and thÍH is the 
e with respect to plebciana auJ noblcB. 

If itbe unknown to htm who eníered that it waa not a land that had a 
chicf, it is half Ano that ú paid hy hini, or, aa !n laod that had a chief. 



• Ir. Sr/er: 
U. Hít*. 
Ir. Wilh- 



26 "OiTi T^ócu^aT) difona. 

O» TAPgQ ^neaile: mcrtcnicocann co coibnp, Tna mbeTi cpai, ifconial; 

PoaHMioH. "»"'f *>e^ T ^*^ cumal, ocuy if coicceann ínDfin iciiv ifeal ocof 

— eai:^L "Oia mbefia aiyv aín poji aiivitn ceacca vo Dainaib ocu]- 

eacaib ocuf bacnb, if citiru'le c6 po L05 cumaile Tiia mbeD c|vai. 



munabeTJ, if letcumat, morobabeijieaf ocnf eich 650, ocuf 
if tnsa noTi loj cumaite, if Dilfi na liaiixme tw civjcaip©, Tiia 
mbeD cfvai ; mtno ben, if Ué T)ilp naifime ocuf cnmal a ecpo- 
cwjw, Vía mbeD cjvai. mona bet) qvat, if let cumal. 



djv cen cunn cen coibnei tjio mbeT» criai, if cumal ocuf mlfi 
naifvme 'oo uaiflib, ocuf lec cuinat ocuf lec T>ilp naijvme, muno 
beDCjvat. maéTiO iftib cocjvoaib, if Lan T)ilp nai|vme. líluna 
benciiai.if leich Tiilfi naqvme. 



o'D4i7, [tnunup po peilb cechcaiT). 

.1. munup a Tiichc a fe|iiiin'D foin cecruf 1 ceccugo ciiie cen 
conn cin coibne, iCTTi catnocuf up.fvu'óuf, .1. munopTiofaisefelba 

accfOTV eici'n. 

Cip, cen cotin cen coibne, TnLfi buaip. beimji. 

A. T^Ti cen cunn compalufo nif, .1. lefo, .1. pne, .1. Cin coib- 
nofca, acr cecnnif ocuf bnpbo, .1. Tiilfi in bnaifv be|vutjl ifin 
cedicusan nmmDlijcech jve caob na cnmailc fvomntnn, ct* iflip 
ciTi uaiflib, .1. if Tiilef in buaf, uite, .1. ir can if ciji an cantl 
cin coibne, if TnLfi naip.me ocuf na qvi feoic a naicb5in m 
féotp, : no T)ono, if cjvi f eoic noma in con no celcÉejv cjvi lojl 
nTiejvnfcc co nac Loif iti cíji, ocuf if log caige fo T)epa ainnfin : 
in can imujvjio ic Tiil.p naipme ocuf na cjii feoic, ime ninTJifvunr 
I foónin : maT) tecti mie imnppo, if lec Tntp naijvme i foíinin.] 

> ^ litri be catlle. Owing to the «mbigultv of tho lerm ■' cT\<ii," cr ■'cpni," 
it ii vtrj dilEcalt to didde in lotne inituica whether it ihonld b* rcBdcred " cattle " 
or " ■ fimeB." 

' Anforftited. After "beiiu)i''in Ihc M3. Uunrord» "inecu|» noclicti"' 
íollow. Thcj wrrc Dot Iruulated bj Ui, O'DanoTU, lad thcir meuiing ia vaj 
oblcaic. 



OF TASINO LAWPUL POSSE88ION. 27 

Another verBÍDn — If it be a land that haa' a chief and a tribe, and Or tasdic 
ifthereare cattíe, it (íAejíne) isa 'coniha];' ifthcrebe notcoíí/e, it pJ^^J^iJJíx. 
(íAíjfns) Ís a half ' cumhal,' and thia is common in thÍB caae hoth to — ; 
plebeian and noblc. Should he seize in one da; upon a lawfiil 
number of people, and horsea, and cows, they are all forfeit as far 
aa the value of a ' cumhal ' if there be cattle' on the laiul. 

If there be not cattle, it (piefine) is half a 'cumhal.' If it bo 
cowa Le bringa, and Le haa horfiea, and it is lesa than the ralue 
of a ' cumhal,' the forfeituro of the Btock ia the lenienc^ of the cate, 
if there be cattle ; if there be not, it (íAe ptnalty) is half forfeiture 
oF the stock and a ' cumhal' inaeveritj (!//aui, if there becattle. If 
there be not cattle, it (the penaltij) \a a half ' cumhal,' 

In Ihe caee o/ land that haa not'' a chief and a tribe, if there be ^ ^'- f"'**- 
cattle, it (íAí penalty) is a ' cumhal '-fine and forfeiture of stock by 
Dobles, and a half 'cunihal' and forfeituro of bolf tbe atock, if thero 
be not cattle. If the enlTy wai vtadt by plebeiana with Btock, it (the 
penalti/) is full forfeiture of the stock. If there be not cattle, it ÍB 
forfeiture of one-half thc 8tock. 

Unless it be into lawful land. 

That ia, unleas it be on the auppoaition of its boiug his own land 
hc brings Lis requiaites for taking possession of land that has not'' 
\í chief and a tribe, both in ' Cain '-la'W and in ' Urradhua '-law, i.e., 
utiless Le seizes land by force only. 

In the case o/'land that haa not a cliief and a tribe, 
the kine which are brought thither are forfeited.* 

TLat ia, land which Laa notaheaiiof atribe, Í.e., wellwisheB^Le., 
of the tribe, Le., without relativea, but fierce and lawIesB people, Le., 
the forfeiture of the kine which are broiight to take unlawful 
jxwseaaion, together with the ' cumhal ' aforesaid, whctlier they (íA« 
peoph) 1)0 plebeians oi- nobles, i,e., all the kine are forfeited, i.e., 
when it Í8 a land without a chief without a tribe, it {the penalty) is 
forfeiture of Btí)ck and the threc ' seds " as compenBatiou for tlie 
grass j or, aeeording to others, it ÍB three ' Beda ' only wLon three 
dayB ore not allowed after tho proof being had that the land is not 
hÍB {Ihe elaijnani'í), and the price of theft is thc cause of thia ; but 
when it is forfeiture of cattle and the threo ' seds,' thers wat a 
peifect fence then ; if, Lowever, there imui o7dy half fence, it {the 
pmaiig) is forfeiture of one-half of the stock then. 



28 



*Oin Ceácusar» Sifana. 



Cuini'oe ficocais a cp,iuTi reol^c co "diL no T^ejiojx- 
t^ilseaT) ap. qieirCi munab laif pbpjnTi co ceiti co 
naicjieib, co paca paitúe. lce peicb faichce TpificeUaij; 
1^1)115015; clittieaji fec, flainTice pojisu na nuiLe ; "Digu 
fec fomaíne,Ui cornam con 'Deichbiiie pp. befa hai ^fiian. 



'Cuini'oejiaicnis .i.p,aicecli t[)"ctiairm mecliaif .1. in rentHii'oi bínur 
in ci T>ana ceg in tioc ipn pciiann co rlce a cji'aii, octif cnocaifie txi 
IfconaT) jtif im a lt<cw co ciiian in ■popain'D. Co tiiL .1. co mln'D na-o. 
.1. coTiiloT) ai". No tieiioj-c -1. co Tieipbcln'olu'D aaijiij-nie anu ToiL- 
Eea» ap. cpeti-e .1. ceiLsicip he aj' ap cjipif manab leif bonein In 
■oejj^peínanii fin. .1. mp nib]ieicheninaic- Vo'^T"''"'"' ■'■ bpuE puil p^e. 
Co cein .1. co celnlT> Tio ■Donam ann piy in pe fin. Co noicfieib .1. 
co cpeabaib inaic -00 ci^ib tio ■oénarii ann pij- in jie fin. Co piaía 
FaiÉce, .1. coj-napacaib bic aici pofi apiiÉce uoti, Tja nTiepna inTiLi&efi 
ceccaigti. Ice peich Faicbce .>■ rf loc yo na peií uiLec uori af 
a poifci T>a TiT>eiina inTinLige'D cecticaigti. CLichea)\ fer, .1. cteiche 
ap f.ec .1. loiLsech. popga na noiLe .1. in |^c if pijicosai-Di bij' oc na 
buiLlb.incj'ailiaij^^ "Oisu f ec j-orialne .1. m fecif TiicoEaiDijMmame 
ann .1. Tiapcaici Tia fritepall. Ca cofnam co nTieielibipe.i- T)on 
liaicech .1. la Tieitbipup aici i>a coj'noiti an vepainTi tion pp bejn hai be 
,1. cechcu^aT) cipe cen cunn cen coibni fin, ocuf tio ínaiTi nl ipaD mi 
co nlce cpian In pettjiain'o, Vtjv bej-a hai spian .1. Tion pip befa 01 
in Bnian tm bepajx na jMich fo tiite. 



1. li'e aichne in naicaii^ ; Tiuine laif jio bai fecticap, p'ne 
amtiich cofqiaj-Da. ocuf ni fiwji nac jvaibt fejiann aige, ocof cic 

I ' Raítech '-prrion. Thsl U lÍterHll}- ' h roBdonn.' 

lúaUí^wHit. InC.eút, lheg1<irais"coTiiL.i.co.pilctCEpbpeeimmi, nntll 
jndgmiDt, i.e. until ■cnlence ia given reapecting iL" 

■ Good latuL Orei tbe 'ti' of lUe wuril 'vobiiaiTi' iiwrittea tbe coulwliaD fur 
'no' 'or,' *nd 'g' lutimsliug that tlie laat leller migbt be 5, 

• Undtr lint. Thia glou ia ths M8. seems mtber to belcmg to Ibe pniceding 
cUose. Dr. O'DoDovaQ hanever placed it u hcre giren. 

• Tltt bttt irá: 'cLitap fec' is eipl»ined ín C. 852, "-1. LaoLgac, noTiaom 
cimceLLa apaíap, no buo intaoge, > mllch cow, ■ plouj;tiing ox, or an inciilf 

• Bad nal land. O'D., 41B, «dda hen : " be ii to gire notice o[ lan dBjs, uid to 
gowíth«Uhtaprop«rover(D«eíoBií«t theeipir«tienoHhoMtend»yíi ind » 



OP TASINQ LAWFCL P0SSE8S10N. 



The possession of a ' raitech'-pereon' in the third of *^' 
the land holds until judgment or decision ís had. He is F' 
ejected after three dajs, unless he has good land with 
fire and habitation, with fines of a green. These 
are the finea of a green to be imid hy the man who 
makes an unlawful entry : a ' sed ' of the greatest 
value, styled the choicest of all ' seds ' ; the worst 
'sed' for profits, with the cosís o/'the nece9sary de- 
fence of the man whose property the ground is. 

Tbe passeasian at a ' raitech'-pf Tson. Le. i ' nilech '-person iuiag loat 
pnpertj, Le. Ihe bald sdvance which • maa whoie hoiue Ibe roail ia, mDkee inlD the 
Iind until he nacbea the third pirt of it, ind it is merc]' that bas been extended 
to hiin in permittlDg him ío <n<er u [ar u the tbiid ol the Und. Until jadg- 
laent, i.e. onti] judgmenl ia givan reapecting him, l.e., ontil judgmant ii ^ven 
onthepoinc' Or deciiion, i.e. aeeiiDÍndeeÍBÍonof hii re^dence ihíTe. Ejected 
af ter three dajs, I.e. he ia cast out altor three dafa onlesi that good Und 
belongs to himaelf, Le. aiter ]itdgmeut. Qood land,' i.e. the laiid which li 
un.lu blm.> With fire, i-e. togstllfli iríthfire tihicb haa boen made there daiing 
t'iitlime. And habitntion, le. vith habiutiuiis in plaee ot liDu.-«a whith 
hire been bnilt thcre during tlut time. With finesol ■ green, i.e, witb 
tlic Qnes which he hai on hi9 greea to be paid bj him, i( he hea mide an 
iltes'l enlr?. ThesB aietha fincs ol agreea, Lo. these are Ihe fines 
wliieh oiie recovertd (rom him out ol the green if he has mtde an illegnl 
enlrj. The best 'sBd," ie. tha beet among 'seds,' le. a milch cow. The 
chaicest of all, Le. tbe 'siíd' which Ls most to be chosen by sll, t.f. the 
' «amhaiic '-hHfcr. Thc worst 'sed' /or proflta, i e. the 'sbI' which ii 
leaat to be chosen for proSts, Le. ihe ' dartaid '-heiíei woith' two screpall^ ■ 
Witb the De<eisary defenoe, Le.tó*Bíaidbytbe 'iaiieTh'-pereoii,Le.*<, 
tlie man whose pigpeitj it is, is nndei tbe necestitj o[ conteetiug the Uod agalnst 
bim (rAs 'raÍtecli'-peTton'), Le. talíiiig posienion of land tbit had aot ' a chief b 
(hat had Dot ° a tiibe, and be weat (artber than la far os ihe third pirt af the o 
Ucd. The man whose pTopertjthe ground is,i.e.tDlhe man whoM 
propertf tbe gioand is all thesc dnea aro given. 

Thus ma^ tbe ' niitech '-pei'son be lciiown ; & inan who was up 
to thifl {íAe time of ihe actioti) abroad, livint/ apnrt from the tribe, 
nnd who doea not know tbat he bad not lani:!,* aod ho comee with 
iiicTcv is ihown unto bim at bis going over, so meicy la liliewiie showii uDto him 
In- giving bim Ibree dayB (oi depsrting, when il ú ditermiatiii thaf the Isud ia not his 
propeitjaccordingtaUWiUidwhBtoverpaitoIhisdulvbeneglects, tfaereis Doliaelor 
actDal-posaoaion upon hlm, exceptlbese ' seds,' DBmel.v, an incal/ cow, b milchcow, 

When it is caltltjor tahing possession the ' raitecb '-perina bríngs, mercv is cx- 
tendcd unto him in permíttisg him (u mltr iia f ar as tbe Iblrd dI tbe land Ihe flist 
dBy \ nnd wben it Ihe pmalli/) 'a a ' ciUDbal ' sDd forlelture ol stocli (ram iDother lar 



90 T)in CecaigaTi Sifana. 

0» TAuaa co Tia hin-nilib, octir cn>beiiiTO no comaicais if laif ín ciiv, co 
pÍ^^o,_ nabaijv bjvoiclie a T>uL co quan íti i:eixain-D. booctif fomifcocuf 

— Tia]tcai5 iffeT) icaiTi a I05 a fogealca fn CTi%e ; ocaf ceitgan) a|v 
ci^eip laf, rjaiT» ei]vaeiiic; ocuf if ci]v eo coibne -do, ofi if Tiois 
taif if taif ; inoT) cii\ co coibne imuiviioj if inlfi naiivine, amnit 

f.ojiai'opiini. 

CCcaicrrvi ivaicaij ann ; Tiaiceacli afcnani a meacliiif, ocuf 

IvaiceacTieip,5eanteataf, ocuf i\airecf,ig; ocuf if ai]ve aTteiiaf, 
]iaicec f,6f in jvf. uaiiv if teif a cuic fiiicee a ivoic. ocuf ajv a 
coiccin'oe. 1n can if arbsabaiLaf ait tio gabail tio na |iaiceaíaib, 
Senmoca ín TV15, abffo naitt aj\ ín jvaiceacb sivaiT» ftacha, ocu]' 
abaTi naen te a]v fn jvaiceac stiait feine, uc f upi\a T>iximuf . 



1n can if wLeaf an aipiin o cac, if crii feoic o na fvaiceacaib. 
CC eT)ciiocai]vc fin ; a cfiocaijve ifnniuiviio, íni Tie of tuga, 'oitfi na 
haiivme no cjvf f eoic, co fiabean bef uato. tlo, cfii i-coic o na 
ivaiceachaib, ocuf "DiLp an aiivme o cac a ceccasoD co cjiiun fc- 
aLba. 



O'D, ílft [sian T)on ivaicech cia ceif co cfiian na featba a cip co conTi co 
coiBne, cen co'cucca apaí, uai]v nach cá ci'iv tiia fuLnng fjvi ite 
napui'6; cpi feoic fniiv Tiia ce nf if p'a, no T)ia caiivifi caLt caiv 
civeip lap.n'óeicinTiLisi'&Ttó. Ocuf if caiicpfl,ocur if lefch muna 
bec cpni. 



iria c{p cen com) cen coiBne, if Tntp naiprite ucrt amuit caeh : 
no ijono, in ^peim gabuicc na cpi feoic ii^n cninuiL if^ Eiveini 
5aBnf a afpeihi?otfi 1 náipeiit. TloT)ono, in baiL if ■oiLif a afpeni o 
cach if cpi fcoic on paicech. CCecpocaipe, a cpoeaipemiuiipo, 



uiilawfnl pofseMÍon-uUÍng Ít ii three ' spila ' that nru p»ia bj Ihc ' rmtech '-p*r»ons ; 
orr«tbEr tUo proporlion wliich the three • seJs' heara to the 'cmnli»!' ia the aiina 
proponioQ trhicb hia >túck beurs to tho 8tuck of all ftth«i. Or, indeed, nnvrdí'i^ 
ttnlhiri, when it Qht ptiiatly) ia farfuilure of stock from all otbera, it i> thrci sods 
trom th« ' rBÍt«ch'-perK>a*í tíiia U the wvetitj ol tlie cue, liat i(a clemeDcj 'a 



OP TAKINQ LAWPUL POSSESSIOS. 



31 



^ 



Ms cattle, and hia neiglibours 8(iy the laad is hia, and judgee Ow 
tell him to go as for aa the thii-d of tho laiid. He slmll pfty e. oow p^s 
and a 'samhaiflo'-heifer aud ii 'dartaigh '-heifer as the price for 
grazing tho laud ; and he Gltall be ejected after three ilayB after 
failiug to eatablÍHh his claim ; and it b a land to which he thinka 
he has a hereditaiy right,' for he thinks it is his ; but if it be a 
land to wbich he haa not a hereditary light it lb forfeiture of st«ck*, 
as we havo aaid be/ore. 

There are three joríí o/ ' raitech'-persons; ii 'raite:;h'-per8on who 
geta into faílure, and a ' rait«ch '-person who deHerta at failure, and 
tlie king * raitech' ; and the reason that the king is caJled ' raitech' ia 
bocause he owns his share oF waifa of his road, ond aiso from his 
generoaity, 'WLen it is diatreas it is thought fit to take from tlie 
' rait«ch '-pciBons, excopt tho king, a notice of two days u lerved 
on the ' raitech '-person of the chieftain grade, and a notice of one 
day on tho ' raitech '■pci'son of the Feini gnule, ut supro diximus. 

When the 8tock is forfeited by all others, it is three ' seds' that are 
paid by the ' raitech '-peraons. Thia is tho aeverty of the caao ; but 
the teQÍency of it ie, the part of it whicli ia leas, the forfeiture of 
the stock, or threo * séds,' it ia it he sLall pay. Or, according ío 
oíAer», throe 'seda'are duífrom the 'raitech'-pereone, andforfeiture 
of the Btcck from ail others for liaving coiiie to tako poaseBsion ts 
far aa the Ihird of the tand. 

It ia aafe for the 'raitech'-peraon thoughhegocsasfar as the tlurd 
of the land in a territory that haa* a chief and a tribe, even though ■ ii 
ho may not have given notice, becauBo the land ia uot supporting 
him during the period of the notico ; there are threo ' sedB 'jine ii|ion 
himifhegoesfarther,orifheremainswÍthinbeyondthreodBj-a «ftcr 
attending to the requirementa of law. And this is whenhegoes'rnst 
a fenco, aud ít [the Jíne) is one-half of iAree ' sedt' if there be no feuce. 

If it be a land that has not a ** chief and a tribe, it is for- ** I 
feiture of stock ihat ig incurred by him as by everyone else ; 
or, according to oihers, the proportion which the three ' seda ' bear 
to the ' cumhal " ia the proportion wlrioh his etock bears to tho Btock 
o/ aU. Or, according ta othsrs, where the 8tock ia forfeited by 
everyone elae it b threo ' seds ' íAoí are recovered from the ' raitech '- 
porsoo. Thia is the severity o/ the case, but ita olemency is tJio 
thBtpitt of it wliicli ie lett, the forfeituro of s(ock, or Ibree 'udB,' ii due froin the 
'iBilecb'-penon for comiiig u fir u Dae-thiril of tha luui, bbJ loifeilucD ot the 
•t(ick> fiom íi\ oUicrs." 

■ Htrédilari/ righl. — ' Coibtme,' iBems here to meui > light to tbu luad bj ilacciit. 

• Aoci. — Tbe stack oeceuBi? ia iiiakíss > legtd «Dtij. 



32 "Om CecctijtfD Sirana. 

"' 1 *'° '* m cfT)etrln5a.i.T»il.pnaÍn.rhe; no, na cp.i feoir ; noBono, icqii 
PoMtMioa, fooii; o funcec i cecc co cf.ian fealba. ocuf Tntp naij\iiie ó dac.] 

CCcaic ceoiia aimreiui inreosaifi éiTiechca la peine : 
och^abail, éiDechca; ceUacli inDtiscech, comfius gen 
ctiixu bet, no gon elo'D cu iTDtiseT). "^o cuaiche, 50 
bfieicheamain naD beifi paclia cach ae. 



CCcaic c0O|\a aimf e]\a -t. am.ti6,ocaf f^ixfneoin: acatc ceofui lU 
futaine 1 mn-Dfaisenn iiec ni if iiiriliEíeí do TMnom tw iW'P m peiíea- 
ctiaif. CCcli5abail, -i. coic feoic inw- Cellach in'otiscech -i. 
cechcagon tnTil.i5cech t>o bjiich ipn Feixmni -1- ba cap eif eoío, ocnf pjj 
5aba eoL'a .i. cntnal, i>o T>ilp buoiiii no cjti feoic ini>. Coniyins ^en 
cn|in bel .1. coni|\oc 'co ciio t>o p3yi nech cen C|tebni|ie co coiivo beUnb 
OIC1 |u aifec no jie T>lefcin t>o in neií iinapx>caiit. Ho gan elov .1. 
no can eloT> t>o lecoT> itn o cúin TiligeD, .i. opoiTi na ciunfci ce t>o T>echan> 
n»tf. %o cnaiclie.i. tf 50 tjo cnaich .1. na mop cnoiche, octtf won 
b^teniain nabeiwieii\icitn cafnae Imcoín^evtbpni «« b«vibcwf 



niunfcefi. 



rosocch bescHCC 80. 



In ci Tío beiii na cechca reitb ar e tw fion co pacaib 
caise. Inn qieanai-cenceotsen caisiiconslaineciiibi^, 
"DiLeaf twfiii'De o 'Dia ocup nuíne ; Tiiam ftan a cubuf btjt.^ ■ 
fion a oniim- 



4 

aib 




©imi'oe Twno TiianaT» pfiseattcaji, afia Feireafi coifi 

I n» Mrd ^lamL—C. 853 t«adi, " i.e. Itw aiiith, l«. Uie tli'ird ot the tbinl of 
tb« Iribe : be doee Dot enUc iala tb« «hwre of the chiel cr Ihe chiuxh.'' 

* Farfmtm^ ff tlocA. — The ' tiraa ' 'a the slack of nttle broogbt inlo laod to 
legmluH tbe pne«t»aiun. 

* T^ btginmg of ' Bttema ' Jnrt — lu the US. thEre Hema (a be t» br«k be- 
tUa {NOagc utd tbat inuoedialel}' prendiog, bat oa the migin the Iriih 

ii gÍTen. ln otlier pUce* in tha lame HS. uiiin>r mv^oal aolet 
I th< otigiitil seem^ la b.? 1 contiaiioiu labjn;!. 
o/ <oe«o«í.— In C. »53, lh« 13 ■ glwt oa ihis Xat. ■ud U b 



OF TARING LAWFUL POSSESSION. 33 

Bmaller of these, i.e. forfeiture of stock, or the three * seds' ; or, Of tarino 

LAWFUL 

accardtng to oihera^ it is three * seds ' from a * raitech '-person, for poasicssiox. 
íUegáUy coming as far as the thinl of the land,^ and forfeiture of 
Btock ' from all others. 

There are three occasions on which iUegalities are 
prosccuted by the Feini : unlawful distress ; illegal 
entry ; combat without verbal engagements, or not 
dcparting according to law. It is falsehood for the 
laity, it is falsehood for tlie judge who does not award 
íines for each. 

There are three occasions, i.e. 'aTn\ timé, and *8ir' fixed; therc are 
ihree fixed períods at which one sues the thing which is unlawfal to do according 
to the Feinechus. Distress, i.e. fíve *■ seds* are thejine for it. IHegal entry, 
i.e. to bring illegal means of taking possession into the land, i.e. cows after horses, 
when he could find horseSf .i.c. ílte Jine for it is a ' cumhal,* or forfciture of 8tock, or 
three'seds.* Combat without verbal engagements^Le. toproclaimabattle 
against^ one without proper Becuríty by word of mouth for restoríng or righting « Jr. Upon, 
the thing about which he givos thc challenge. Or not departing, i.e. or 
without departure from the rule of law, i.e. waming or fasting thongh he was 
fairly met** hy anoffer of arbitration, Falsehood for the laitv, i.e. it is a lie b ij^Though 
for the country, Le. the grcat territor}', aud for the judge who docs not award he was come 
* eric *-fine for cach and evcry oue of thesc caseSj whichever of them they come to "^»*»*^' 
decide upon. 



The beginning of 'Bescna* here." 

He who gives property which is not lawfully his 
own shall pay the fines for steaUng. As to the person 
who buys without stealing or concealment, with 
purity of conscience, it {ivhat he buys) is his lawful 
property according to God and man ; if his con- 
science be free, his soul is free. 

Thou deservest whatever is adjudged ; that thou 
mayest know the right of covenants ;* that thou 

said that **a|iu v^|*e|i coiifi coTTinaT)tTiann " was spoken by Ferguf», the poet, 
as eqaally applicable for cvery Brehon. 

VOL. IV. D 



84 



"Oin T>cni35a'D 8irana. 



ov "■nrocomiia'Dma, ajia fiaice pji píjieaTii faigce r<ieii, faisoit» 

PosuBdO!!. in Tiiearam co]i comoDai]' cacli aTiaicaiTJceaii apa caeb- 

canaiT' ; a|i ni i-eana(i naD aiiiligceafi la peme "00 giief, 

■Dai^iríne ocur pti-siaLlna na maichiii oilqiear ; ap. ac- 

e a qxi iio fuigiT) "Do imfochais coii. 



a [^ilb booéiii cechcui", aí 
tvon co V'icaib, .1. ij-e icuj' lie 
m ci ceniiaijjBp Cen ceol, .1. o 
bnnaiTi po oecoiit. ^ ■ 
Co nBtainecuibj'e 
cpabtiiiie, .1. ceii eneclainn, 
O v\a, -1- na Iieclaifi- 



n V]" cubu]" bjiaich a 



», .1. In ci Tio beip. tií ■do neoch. 

feilb gaici in sucaiDe- CCf 

piaijiiib BOici- 1n ci c)ieanairi .i- 

^aic .1- ceii ceoU coibleniinn a smc 

aigi, .1. cen T>iceiLc, .1. ■oicelc a saici ianT>ain. 

111 -flan, saibcen yunn oici in fec, no ■oia mbo 

|Tnaíc cen aicIiEin nianf caifiificen- 

ilne, -1. na cnoiíi. "Diani ftan a 



i 



Cimi'DO Tjono, .1. voinitjenais, no uppoichti ma T>ia cip^ana piiis«tL 
TO biieichomiiaif- CC]ia Teifeap, .1. copeii*ppu,noco)\oibainfacnc 
oiVTJiisaT» na cuma napíaineíca tío neiji coiii. CCpnuice pm, ,1. cofv- 
ab e ni be|ia T>n nooch Tmt a na|H:aiiiecc if wn «0 Tiut iie los enech. 
pipeani ^aigce faon, -1- \y pntim foiS"^ abinnfuisti pn pon na 
p>Feiwiib; no iffet ij-fiPixTinicTjutpiii loé Épnpch. In meai-am, -1. ij^ 
til po meifemnaisefl o hint* -noib T>ul nif in 111 ixo cocalmpsen do |\éii\ 
íoilii T>utiia logon enech. tCnaicaiT>cea]t, .1. ip e ní vonal]*ceo]" in cac 
fin aiv in coeb iio huceifceT) tio Tiut,ca)i cenn a comgixaiT). lCi\ fii 
f eawaii,.!. uaitinocon intifaisíi t>o neoch T)os]te|' t>o poin in penectiaip 
in n1 na|i eitatuaii^ i>o t>uU iie nl if mo na pe los eneoh- "DoiE fine, 
.1. ciCFOiD in pne p> cojiaib, uoiii if michop vo T>ul 50 nl if mo na ^o 
lo5aenech|.i.mamonalo5aeneí,coicmisvneocu)'maiclinHOcui-vtoÉa. 
Ocuf i;iii5inttna, .1. na pin Tirtnana in siatlat) no In ceitlpne .1. nn 
pUrcha cicpaic i?o cofiaib. Ha maichni, .1. tf uittmiin cnepontJiHne 
mochoiv, ixccan)Occ jxi oo]iaib. CCn ace a e»ii, -1. ap, if iot) pi in cjiei'oi 
110 famai5en no ivo liop,Tiai5eTi Tiempuaiciieií na co'p. ninTitiseec t>o Tiena 
nech. THafa ni'oeidbip. ]vo nac uaD, no iii puisbeT) (lo tu> sett, iii sabaii 
los uoDinT) tc^n. Incan naifccoít in poi, ocuf if wistaif poseboD, no 
f o nuc Tieitbip uoti, a tos t>o ic inD- 

' ÍTiTÍoíÍHn.— In C. 854, this Wrm [sgloísed " ™l-gi«Iln»L" 
' TSc íAiri— In C- 851, "011™" ií extUained "q maic]\e quod hrtinm eat." TIm 
lr»n»Ullon here Biven ut tho lerm ia only conieetur»!; thc teil appe«ra dsfectÍTa, 
«Bd the glojs seeiiia to be a mere ctíuiological iiimlyBÍí of ihc word • oitciiear.' 



J 



OP TAEINO LAWFDL P0SSE8SI0K. 



35 



laveBt reach the truth, thou shalt sue the noblea, ^' '«dh» 
'■fhou shalt sue for what is estimated in a meet PoaaBsmos. 
covenant from all who are bound aa sureties for their 
iieighbours ; for no one ever sues for raore than 13 
allowed him as JionQr price by the Feini, for the tribe 
and the ' Fir-giallna,'' and the mother's tribe shall 
. interfere ; for these are the three parties who are 
■a^pointed to dissolve covenants. 

I He irho gÍTfiB propeTly whicii ÍB not Iawlal1y liis Dwn,Lc. tlie 
penoD wbo gÍToa > tbiag lo UDy one wbicli was not lawfull)' in his owD poMeiiaaii, 
tmt In Ibe poaBeaaion of the thief by theft. Sball pay tho lliic8,Le.itiahe 
■hill pnj forit vith flnes for stealing bitiiirí Who buvs, Lc he who pnichiaea. 
Without etaftllag, Le. witboat thieverv, Le. withont aecrecv, >.«. who pro- 
dDcts,(i.<.EfMcIoiM)[heatiginiItbeftat onee. Withoat roDcoalmeat,-!.*. 
wf thoat ■ecncj', Le, concealing the thi^ft af toiwiirda. Wilh purity of con- 
gcienee, La. thcee surctiea, i.c he tiilies beTO tbc 'acd,' ot i( tbere be lecvuitj, 
ie. withont honor-price, witbout ' smiicbt '-fine, witbout compcnialÍQD, untess he 
hnitalcenit Ood, Le. of IbcchnTcb. Aiiil mnn, i.e. tbe lnltj-. lí hiicon- 
■ cionce be froe, i.e. bnving ao Itnowiedge of n betraj-ing constíence. 

Thon deservest, Le. tbon merllest or thou euneat if tbey have come to 
Ihe decisioD of tbe jadgmenL Tbat tboa oiajeBt lcnow, Le. tbat thoa 
majcst kitow, or bsve ■ kaowledgc of tbe ordcr or fonn of covenitnla accoTding to 
jnBtÍc& Tbat thoa niayest reacta the tcutb, i.o. tbnt it ia tbe tliing 
wbicb glvcs oae Ihe rigkl to enler into covenant tbat should go aa liis hoanr- 
príce. Tboa sbaitanc, Le.1 deem it true tbal tbon followeat up thy anit 
npon the goodIy men ; or what is free tn thee is to go Mcnrí^ oa f ar as the honor- 
jiríce. What Is estimated, Le. th« tbiug tliat wos entimatcd oriijinall; fot 
them ii to go secnrit^ foi' the lliing which vraa Sxed accordiiig to rígbt, {.«■ te go ■ 
nirc(y as tu- aa hÍB hoaor-piice. Are boaad,Le. that is whatall bindon tbepersoa u 
wbo W3!i peroiitted to go nu'e(y for hia eqnai giade. For no one ever suea, i.e. 
tor noone is lo sne at anjtime accoiding to tbe Feinecbns for stliing whícb Í9 aot 
permitted hioi to go itcwUyJbi; i.t. far Bnytliing wLich ia greater than hi3 honor' 
price. Fortbotribo, le. tbe Iribe aball impuga'' Ihe cumpacts, foi it is a toise i> 
eovcuADt fothim to gú scewitt/ for anyt]uag whicb is grcater tban hia bonor-príce, ti 
i.e, it It l>c greatei than his honor-price, the tiibe and motbera and chiets disaolve 
il(l)ie eonMicl). And 'FirgialIna', i.D. Ihe men to wbom is dne the Service 
or the vasaalage, Le. the chiefa Hhall oppoae the compacls. Tbe molheT's, Le. 
tbe Ihird' paity aic moTfl cnmerons, Le. llie motlier'B Iribe impngniug' the compscta. • 
For tbese arc the three, Le. for tlieM are the tbiee wlin wen appointeil v 
or ordaincd to diatnib tho unlawful coatracta wLicb one Bhall make. If it 
waa witbout neccfaitj he gave a thing away, ot he doea not procare a ííinj 
tbongh he promiaed, no price ig got fniai bim for it at aD. When tbs debt is 



fsstened, and he thinbs be will get it, or be gsve it awBy of aecesaitj, it^ price ia 




36 •Om r-eccusaT) Sirana. 

'^IaV^'* ^'' ""^T ""ia Ti« tiaiTvseíto na hop, acc pji nml ; tií 
pustiMaioM. pQip buap, ha cTiin'Dia i^ip, neacti laif na biaT) ba ; ní 
naif nji ixfi imp.uniacli, muiiar foclia j"ealb; ní naii' 
eT)acfi ix)p nach nochr, munacoprm cí,acc: ipe 5|ieche 
cen coiioT) Tio gni jio coU bjiech. Ice meania aD ^ella 
a cumuns T)o cac. 



M 1 n ati"! .1. n! jio íonoii^o ir (njtgeD no tn orv no in nma atr po|i in 
nnnpiU uaip if aice ho Doij a mbicli, tio ife bo tioicIi Tia FosboiL Mí 
naip bna)i,.i. ní tio vonoi|-cpn buoix aihuilln tnbaaii tm beixori bfl 
cliiii'oia csiinai*e laif caiinj- ap, in n ac na biac ba. no na baii curnisec 
a ]^bail, co tiuiiupi- m nai|- cip,, .i. ni rio F<>ii(ii]\:ipu vejiann fo]1, 
in ci bip i;op ímpama o inoT) riinaTi, mana picliai5cep, venann aici, ito 
mana jioib veaiwnn oicitia pochusa'o. pop imiT.ninacli, .i.pt]\i:<«n- . 
Ttlegach. Hi noif enaclt .i, nl p,o Fonai]rcpu ecacb pjp In «uine bi](> 
loninacc, niana (wiib ecach aice Tia coiiiirVm- TTlnna copma cLafc, 
.1. mani coi|t ecacti co beim- ifo !;ii,ec1ie cen copan, -i, ij>eni oca.vo 
Ttei]i Tio cialtaiTO na mbjvech ; omuil ij* ecni\l)ach giwh na cno rnip cm» 
coiioTi aici, if aniLoi'ó iy eeapbacli na npicliB pn i>o «enom. Ic8 
meofiia OTt gelLa, .t. ij^ ni iio mei]^mnais6T> tm) geLLart t» caí in nl 
ima cumca|i lie inisilL, in ni bioj- aice -i. ifTeti mejiiaisuj- bneiCínt a 
cuma£ t>o giLL tio cac. 



-l.mai'Tia pfnoTiaaiipif ■'•pr acpeictieamainroicheT»(i, ocuf 
yiy ac cnebaipe, no anpf ac i:*ichemain rotceatja na jiabaTtniv 
na feilb na feotc jiocinsellra ann, if foji jiaic appa anafijia. 
TTlarra anpirac feicbem coichetia ocuf ppac cixebaipe, afciienop, 
onuiv aifLLicceji. 

O'D. 420. [,1, cac fiac ipgellur Tmine ocuf bi* ina foi-óbiie, no if -ooig 
iatr M rasaiL o neoch eile, ocuf tiiu ci ■oetbip, no tío mbeiri ua'6 
iap pn, if ann if foiieic appa anap,na, acc imco cac an innlitne. 

Cac fiacb inselLuf na bi* ina fai'obive. no nac T>oig l,Qi|-a i 
rojaitjifi éijiic amuilposetl.i. incannabt i feilb in feicbemnn | 

I CWía, tie nurehanl. In C, 8S4, the reiuliiig ia bnap bac Cinnia, uid tha , 
gimt add* "Cinni', foc be vu tlie Bnl wba brought cdwb ioto Etídii-" 

'Bliud nul. "en^i^" ii Ihc reading in C. B51, antl il u a^uaf'l "cnu cai 



OF TAEINQ LAW?(TL POSSESSION. 



37 



I 



Thou shalt not bind auyone to pa^j in copper, or sil- '^' 
ver, or gold, but a chief ; thou shalt not bind anyone Vom 
to payin Itino like those of Ciunia, who lias not kine ; 
thou shalt not biud anyone to pny iii land, who is 
wandering, unless he possesses laiid ; tbou ehalt not 
bind a naked person to ^ja)/ m clothtís, unless he has 
got raiment ; it is as a nut without fruit to adjudicate 
in this nianuer. The promises of all should bc 
adjusted to their ability. 

Thou >hilt not liiud, i.e. thou abtlt not impon Ihi pafmnti <!f lúra, di 
gold, or copper. «xeept upon the noble, (or it la wllh him Ihev are tike1y to be, or 
it ia Iie that u lilcel7 t« get them. Thou ■biU nol binil, &c, k<De, i.e. thou 
(bult not impoH lit pa^eiU oJ'Viat lilie the kine whicb Cinnui the merchanl' nieil 
lo bring icrou «llh bim, npon the perron vhDbunot gat]iioe,or«hocknnoteiuily 
procnre tbem. Thou ahalt not bin d ianfl, i.e. thoa ihaltnDtíutenpn^mmi in 
UndapODtbepcrmn«hoi> movingfrom (ilaoeto plave.unleu itiafuuad Ibat bBbis 
land, ornnleu he hu Und to support hlm. Who is wandering, Le. upon n 
iiruiderer. Thau nhalt not bind clotheB, Le.thDa shalt not bindjnjvnffle m 
ralmeDtupon IIiemmnwboÍ9biueniked, nnl'wbebaaclolbee la relieve blm. Uiilco 
ol rniment, i.e. nnUtt he flnds clothee qnirkly. It \» ns > nut 
(rull, i.e. it is n tliing vhich ie accordliig lo the wlidoni of juilgmentg ; 
«1 the shell of tbe Llind nnt' nílhout frutt a profitiess, il i> iiheiriae profltleM 
» the» tbings. Tho promiieí sbonld be ■djnnted, Le. Ihu thing íiy 
-whicb the proniiaoi of a!l ire to be estimited ii the thing br which be Is kept to 
his promlsei i'.r. ihe tblng vtbich he his, i.e. Ibe Brehon eatlmates e\try one'i prDntiae 
bj- hi» lK>wer to/u/Ji Íl. 

If bjhia fcnowledge, or by his ignorance, i.e. i/'tUeplaintífF have 

Itnowledge, and the suretj- have Imowledge, or the phiintiff Uave 
not knowledge that the ' seda ' which he promiaed on tho occaHÍoii 
were not in hia posBesBÍon, it is upon the 8©curity of " 'nrra'-gooils 
for ' anftrra'-goodB."* If the plaJntiff bc ignorant, and the Hurety haa 
knowledge o/thefact, the thing which is plcdged Ía paid, 

That is, every dobt which a raan proiniseB whcn he is iii liis 
rich condition, or he thinliH he will get it from another, and if 
iiecea8Íty ahonld arise, or if it ahould be oftei-wards takeu from him, 
Ít Ía then it fidls under " ' arra "-goodB for ' anarrft '-gooda." 

In every «we o/ debt which one promises who is not ia a ridi cou- 
dition, or which he doea not expect to got, the 'eric'-fine is aa he 

a blbid nut ; [or it ii of no praflt to bim who breaki IL It Ís N witb a \ítntm 
who bindi opon onc « tbioB whicb be ha» not. For no ooe flbíiuld proniiae a lliing 
which he hu nol." 

'•AnaiTH'-goodi. Vid. vol. 3, p. 150, n. • Arr«'ine»ns Lhe tbing promised ot 
■ ^milirone, ' An«rtí,' » ^derent tbing, aa e.g. n 'tup' instead of « 'cow," 



38 •Oin Ceccusan ■Siratitt 

Or TAUHo ocuf noclia -0015 a íasail vo, ociif \iq pnii in loaic, a icc 
PuaaEssioN. omuil fio nafcafi paijv co lof ocuf of . 

TTla* jio Bui aige m can t)o tiiime in ciinTiiiCTÓ, ocuf tio cnai^ 
ff,i ^etbipiuf, if fojieit ap.ian ana|ii\u, -1. in can naifccep, in 
fiac, ocuf if T)oi:5 laif fogebi*, no iio nuc T)ecbi|vinr uaó, a I05 
Tjia chino. 

TTIaf inTieibifiiaf fvuc ucro, noni fnigbe* ciafio selA.ni sabH]x 
I05 uoóinn icijv]. 



1n lonjffD baiiT)cai5 bancopíi a coibne coiji comap,TXi, 
a.\\a naifc finnfiLUch pmícisa [manip fe fei tnbepa.] 
"Oo bej^c bpi ap. bancopa. Opba maíne nnef coip,ce 
o ca cach anT) comj.'ocaif ; fo lin maine mitii'Deap.oca 
hin'Dua co hiapmua, inge cumal penopba ; po mia'D gpmn 
genicliep. pnnciu pop cuL cumcichep; qiemb pne 
poglaigceap ; gabul Ofca echcpan'oa; man "Di cuicce 
cop,mola- Imca fpi cín comfocaif, mav 'Don cellacli 
"DepechcacTi ; achcceachpuime'Dopn'Dpne. OfechCDec 
■Deilirheap co nach 'Duchaij 130 fíne. T^ui'Dep, ní beip. 
cin comfocaif, muna cuic cpeaba coijibeanaTiaii. fíla 
cuic cpebaib comflíinaib conjian'Dac a finncea'Da. 



" ín tonBan banticais .1. biUíic a tnic ocof a ntnsena in ni fot* ají 
alfoc c«nu a maiclipe, ,1, ineitlsiceiv na mna cecIicu5aT» vo biieich tf 
' ■ Ceibne '-propa-lt/, rld. p. Bl. Sapra, a. 1. 

* nnUuhelnlhciÍxih, Tble ctause in llielcish Í9 supplied from tbe iDweT mu'gin 
ol tbo fltst toluinn, in E. 3, 6, p. 9. 

• Bind. In the US. Ihe letten a aud l of ' atfac ' ue muked m > waj' which 
■imin te dcoDta Uut tbej ahould be truuipoBed, 



OF TAKING LAWFUL POSSBSSION. 



promÍBed, th&t is, when it is not in the possesBÍon of the debtor, and Or lAsisa 
it Í8 not likely to bo got hy him, aud thc socurÍty fcnew it, it is to pojgEanoB. 
be paid os it was bouiid iipon. him, with addition and iiicrease. 

If he had it {tlie properlij) when he made the contract, and it 
passed away /rom him by necessity, it {the ca»B), ia nccording to 
" ' arra '-goodB for ' anarra '-goods ;" i.e., when the debt íb fastened, 
and he thinkfl that he will procure it {tke tliitig promised), ov neccs- 
BÍty hoB carried it from him, he Í8 forgiven the value. 

If it be not necesaity that canied it away from him, or he 
cannot procm-e it though he pi-omineJ, no valua is taken from him 
for it at alt. 

Heirs of femalea claim on rigMful covenauta of 
equal value made with a female a'ticestor, relative to 
' coibne '-propertj' for the fair-chief of the tribc coii- 
firms the subject matter, unless he be thesixth.* Brigh 
pronounced judgment on feraale covenants. Lands 
are eatimated by their 8tock from every related head ; 
they are estimated according to the amouut of their 
propert^ from the great-grandaon to the great great- 
grandson, except in regard to the 'cumhal senorba'; 
according to thc size of thc land it (l/te 'cmnhal- 
senorbii ) ia produced. The tribe property ia claimed 
backwards ; it is divided between three tribes ; an 
extern branch stops it, Íf the five persons of t/ie 
' Geilfine '-dímsíon periah. Exccpt as regards the 
liability of relationship, if the family become extinct ; 
excoptafourth parttothe 'Findfiue.' From seventeen 
men out it is decided that they aro not a tribe-com- 
muníty. The ' fuidhir '-tenant does not bear the 
lÍabiUty of relationship, unle.ss there be fivc houses to 
reheve each other. If there be five houses with 
complete stock, they share the property of the tribe. 



H«t» ot tamilea claim, i.e. their nmi aiiil their dBughUis claim the tbiag 
wbich ths conlTBCti of Ihcb' mothera bind,* Le. Iha womeD claim to briog mMOs 




40 



•Din CeccugffD Siixina. 



m iM)\aiin axí aji laej^c tio mna mli a \nv. íunu- CC coibne cox-p. 
comntv-Da .1. amtfli'D no coibiiiTJCi5eD a comaivwuEa'D vofi eonoiti -00 
jiBnvíoip,. CCjia naifc vinni'iiuch -1. ipe in fliuie ctncinemach bii", 
.1. pUieai Eeilp"! 't* P>'in'I^ey in cnian moi-a onba cituib no TrLiaixa 
hf, no \fe Fonaij^e^ in veixam) uiLe mofa i'CTianTi cuca'o. TTIanip 
f B rei mbepa. 1. manniiH in ■péife'D vepife be'nufin iiitiaT» .1. mnnab 
B ni feíf«Ti vt'T''oeca5eilpTip. m ■nenibpne vonoifcef connpi an seiltiiie, 
acc nei tw) cuicvbtv na sniLpno. "00 bepc llpi aji bancoixa .1. cel- 
lachin'o.i.'oolijiecliemnniEC'D'Dobpisinvepannaii.iJitloefeciiamnauile 
a vi^ cuna. Opbn maíiie mef coipce .1. 111 vepann apan meireni 
copach amoin amachaiti,, no maiiia machaim .1. Ttluejt m5en Cobíois 
CaiLb]te5 -i. H15 eijwnT). 



.1. Op,ba q\ui'0 ocuf rfliafca na mocliaii fOTin, ocuf ■oibtt^oTD 
Ho T)ibai§i íti riaictii|V, ociif ni fuilicmlc acc ínseana nama. 
Ocuf beiiai* fn íngean ín feofiann uiti co fuba ocuf co tinba, no 
a tet jan fubu gan jiuba i ocuf cotmTíe f nifiiie i^e aifcac natce 
taf,f na Tie, 



■Diba-í) cacli ci 



ca cacli cin'o comvocaif .1. tanipiBif Tja 
■uap comvoicf len in vepaiin : in 5PiLviiieuilipo'oilroaaiit>, acnf in veimnn 
uile ■Do bpeich 'oon insí" a ■oualsuf bancomapbaif ; no o ca aifneif 
Tjom -00 'Dibn'D in cin'o 'ntip comvoicpen in vepan-D, lii in^in, if ann com- 
IwjiH'DCip in v'epan'D fo na ceopa v'"'b- V" '-'" maine .1. meifem- 
nniscepmamein peiviin'D fo imac na v'ne lap n'oibu'Dnaliliisine. ca 
hni'Dua .1. iia seiLflne .i. if iac po -DibTia an'o, 110 if lac componinfef 
in v^ininn- Co hiapninn, .1. na ■oeipbvíne. lnse cumal fenapbu 
.1. mfii ap aíc, aca acc Lím an'O, acc in comaL fenaigcep ■Don opba fain, 
faccmaiicipe-DibaiTi.ocuf a bichfeic aLoini ^'■«Ca geiLpne ac uppnaini 

1 O/eqsal valat. — In C. S.i-l — Uie (ullowingenpliinítioniagiven : "ComapT>a, 
.1. liicunt alli 'coiiioibe,' Le, the thing irhich wna iii the jmnwnxlou ol Ihe 
múlher 'a wlul the ilaughter claima, i>r thi: thing which tbe mnther ^vt» lud 
hequ?*lbg to her-" 

» Thefn!r chir/q/ lAc iríír Mn/.-Mí.— Iii C. arui— the íollowiug rea.ling o( Ihiii 
giosa ii gÍTen. "CCllicepopi naifc, vmnfpuchi Le. Ihe ' Viiiiiwulh FeiiiHjiui»,' 
1 Ihe five brutbera, lihe na Iho five finger» of the 
dibitilh'-UDii of the olher- 

bII tshe uoto hitoselt to mnlic N/i the 'Gdlfine'- 
geacril, although there aliould he but one man of 
imielf, i.e. Ihe aon of the mxn itho hiu the ' dilwdh'- 
(1h in relatian to Ihefive; he ■hall not 
■lons obtsÍD the ' dihadh '•laoil which hU (atlier holdi, but the loiil of hie hrolhen 
ihM ihare ií iciVi h!m. but it alisll b<j divided aiQoug gll dter the death of the 
man who oblama tbe hinds o( hia extiticl brothcr. The 'dibídh'-Und of Uie 
ilect»3(fll shall be shaied hy thc suiu of hb other hrothírs, (or tht riglil to it 



Of thl 


! -Gcilf 


ine' 


-dÍTÍgioD, are ■ 


hind, 


each Df 


them oblaius the 


Fo: 


r it bii 


3d« 


, i.e. no one sl 


dÍTÍaion iiny 1 




uf hia tríbe ia 


theSi 


,-e hrathera ii1i«e except hii 


Und 


ahalt Dc 




l,t»in it, Le. h( 



OF TAKING LAWrUL F03S1CSSI0N. 41 

of likLng poweBiÍDD into the Uacl about wbicb tbe other womm mule trne coatriuti. C 
Righlfnl cevenaati i.[ eiu»! tsIup' relative lo ■eoibne'.propert)-, 
&e., Lb. «ccordingesit wMMÍpulnteil Ihol itsbnllbe edjiutídli)- coiiiptcteicwird- 
ing to jiutice. The fsir chief ot (hD tribe coaSrmg,* i.e.ltiithe pleuanl 
•enior, Le. the cbioí oí Ibo ■ geilfine '-i1ÍvísÍi>q is be tbat conflrmí ihe one-tbird, if 
it bi- ' cruibh '-lanii or ' «liut» '-luid, or it ii he Ch*l coDfirma all Ihe land, if it Iw 
Uiid thatwMgivpD. Uiilegn he be th« aixth, 1«. unlmha bi tbc rixthmui. 
it is be that will Dbtaia tbe ■ dlbadb '.liind, i.B. nnleu he be the lixtecnth (*íc) 
inan rcmoved frflm the 'i^llGDo'-divislDn, it in iint iLe ■dnrbhflne'-diviiion ihall 
cmfino tbe power ot Ihe < gvillÍDe'-diriaion, bnt one of ihe fire mcn oí the ' e^Snc'' 
divislon. Brigh prononnced on feinale coTenBnis, i.e. therc wu en 
cntrv In thecsse, i.e. judgment wbs pxucd bj Briijb loucblng ihe land ibont which 
Ibe Dtherwomen mndethelrtmeeDntnicti. Laods ire eslimated, Le tbe lind 
about whlcb conliact wu toedo by her motbcr MoÍD. or her muther wu Maori l.e, 
Maer, the dflaghtcr of Cobhtbsch Cnelhrcgh, i.e. King ot Erin. 

Tlte ' oniidh ' aod ' sliusta '-knd of the raotlier is hew re/erred to, 
nnd the uiutlier had died and teft no soiu), and there Ara oo 
ttouB, faiit daiight«rs on]y. And the da-ughters shall obtain all Lho 
Injid vith Migatifftt to iter/ona service of tittaclc and dofonce, or 
the half of it without otitigation to per/orm service of attack and 
defence ; and there is power over theu to eompel them to festore 
the land after their time.' 

Pcomeverj'roUledhettcl, i.e. u I Kin abflDtlo lellcmcerning Ibo'dibiulh '■ 
Undof uch chief to whom theUndbdon(^ ; >1l tlie 'geliane '-dhítion bere became 
cxtlnct, and ■!! tbe Und is obuiueil bjthe daughter in rightnt hertcnuile ■coarb'- 
ship; orulbsvoto Wll conccrning Uie ' dibsdb'-landot thí he«d {rAíf/) to whom 
Ihi; Und beloiigvd, i.e. Ihe dauichter, it is Ihen Ihe Und is divided «niong the thrce 
irihes Tu the amouQt of iheir propert;, i.e. the propert)' on the Und Ii 
eAtiinstrd accurding lo the iiumber of tbe tribe alter the Htlnctloo ot the dsnghler. 
From the grsat grandson. Le. otlbí >galfino'-dlviaioii, Le. Itistbej-nbobaVD 
twcomoextlnci.orltisthcj-shalldÍTidethBtand. To thBgreat great-grandion, 
Le. of the 'dGJrhh-SnB'-dlviiion. Except Ihc ■cumhal scnorba'*, Le. • Ingc' 
tor ' except.' 1 make an excepiion here. bnt Ihe ' cnmhal ' wbich li rewrved of that 
Und,tbe teventhola 'dibadh '-land. andthlsbinthepassestion ota 'geilfine'-chlet 
1« nal more inhtrenl iii liii aoa than la all, u is sBt fcH-th in thu ' Coriu Fiue'- 
law. 

'Á/ler í*n> Iime.—0'D. 431, adds here. "ocuf i]-éylaiéEetlFeine hoiti- 
niep e; eud il is ihe chlef of the ' g^ane'-division, who binda it" (oU^i IÍ4 
ilaughtet fv jivr bací (Ae Imdt). 

* JV cimhal rniorio,— In C. PGG, tbe foUowlng note ti idded, whlcli U not 
f"und in anv other of the copies : 

Except a •cnmhal laenoTba,' i.c aehletheAd of ■ Unil^whoaiulainsthe 
(vmpanlea allendiug ihe king ond Ihe binhop nnd who is nibstantial to beu llabill- 
tics. WliBu tbe 'deirbhSue'oblelui Ibe'dibadb'-lanil of tbe'gmHlne,' all iheir 
numberpresent glva tboworthof a'cumhal'Df Uud lo thia maniandloeverjollier 
hevl of a tamlly whalevor, one alter aiiother, who is nol near enough 10 bc one 
uf the trlbe. Thc rcuon Ibat it is giron lo this min 'm bccsuso be ia bound to 
paj for the lUbililica ol tlK famil/. See alio C. 2133. 



42 *Ofn T^crusai» Siftifia. 

Or TUcnto rniTilli ocvf ^frjxnnc. Ocni' ip e cnic iti aíc anTi, naip. noco bia C0Tn|\oinTi 

FfíwDuu'' •"WP'"*' "° "oco bia icm hi no con Dilma iti pne uiLe; ocoj" if Of pn 

' Eabati cona beic in cumaL cf«nopba no corx Tiibna in pne niU». 



"moiixf«ip«iv nopiWTi eo mbuoii, 
"Comai Cfenoiibaiií fnatll; 
"Tnicnacivi cecnminncitv caom, 
"1f mio Q'óatcriaige imaiwion; 
" tSitoiix ocaj- ^iimac sLan, 
"Ocuj-Tjaon T^uiwTi, in |^cma'6. 

^D mian Bfian Eeniclieix.i. ODaEeinicfeicvotiairlecaiTiinpeiwiiin 
p} ineic no i» txii^c. pmnciu pott cuL .1- cDingiceii TiDchcuj' na 
Eeilpne po)v cuLu vo cum miei|i,brine a cnic líe in can comTLoinDciii ho 
fo naceofiapmb. T^rienib pine -i. voTjeiliscip, m Ti'ban icfxna ceopa 
FÍno,i-i)eiribFÍneocu]-iaTi,Vineocu)-ini>i:ine, SabuL aj-caectic)ian'Da 
.1- if sabnl if echcivain-D cufciiafca tio geilpne in sabaL va nafcoicpTi 
in venanfl.i- in ueiiibvine. Ttla-o tii cuicte .1. if ann fo man lap nce 
cuiCFip na EeiLpne, if ann comjioinTíCiix in v«I'.anT> yo na ceona vinib, 
ocof ni píií bancomapba ann. ImcavT^' cin comvocaif .1. if 
umlaiTi pn acaic tw liic cinoT) a comvotaif, uaii^ amuil comnoinTnc in 
-oibari if (inilai-o icvuic in cinaiT). THa'o non celLach -1. moo laiv 
nDeiiacli ceLLais na peiLvme af a pyic, ,1. af a veTWnn, if ann coin- 
ItoinTiCBii ti8 ,1. in penan» pona ceofia v'nib. tCclic rBacIi]i.uime vo 
VinTivine .1. nocon v»"l''' T>inT.piiie aéccaachiiainaTiT^) T>ib(ia seiLpno, 
I. iH feifsT) panTí'Dec. O f eclic -oec .1. ota nofeclic ppn -oec anDnn, 
if an TieiLiscep. loc, conac TJochniE v'"'* 'oc o ta fin amacTi aic «uc'hai^ 
nTxiine. V'^'^I' "' beii\ cin comvocaif .i.sablaTTiL, .1. in vovaeft, 
tnTiaBiiaicinca,nocobBii\enn cinai'oacomvocaif. TTlona cmo cjieaba 
coinbeanaTiaii -1- mana juibac cuic riieaba aici T>a coip,itíni .1. in cnic 
Haicb cBTiach, ocuf mnnab ae oen v'^"^'' beic. Tlla cnic cfiebaib 
comf lanaib, -1- ma combanaisceTi cuic ciwbca cada waiii Tiibin enic 
irait cecach ; Tna mbe cuic peii Dib ocuf ccc TnnTiilLiB o cach pjvi bei|tiT> 
caé TMboTi ocuf cinaiTi ajiaiLi, omuit cach nuT\naiTi, o biaf in coie tuiich 
c«cach acu ocuf o buf ac oen plaich beic ; ocuf cechTxamÍD cinai'o OTiTiatTi 



' ' Gonaact.'—Tbit L 



19 nliQ supporl tbeir fitherB iD oi<Í age, 1 



' SeeeMh. Tbe Irish of thia paosago i> faund Ía the left margin ot p. 9. coL 1, 
oftheHS-E. S, 6, 

■ Tiree ÍTiÍM.— C. 851!— idd» ; " the three we meotion here, Lfc the ehiol, tbe 
cbiirch, iDd the tribe." 

*Excrpt o/cmrtA.— In C. 8J7— wbere there is ■ nmning comni«nt«r7 on tbi» 
taxt, th* follawing note Is ndded here : — 

■'Except tho fourthof tbe ' innfine •-division, i.e. »fler Ihe eitínetÍMibf Ihe 
' gBÍlEne '.diriíion, so thttt Iheir Bbode ia deaert, then the ' deirbhllne '-cllviíion 
abtiuu «11 theii ' dibadb'-l&nd ; bnt Ibu ' ÍnoBae '-diviúou gels * fourth put from 



OF TAEIITO LAWFUL P08SES8I0N. 



whfln pfltítioning 'loidher'-lennnta Bnd'gdnnii 

here is, bccaiue tbecc is no diriaion of ibis an 

Qiitjl aíl tbe tríbe abaU bave become utinct ; Hnd flom this ii derÍTeil ihe 

tbit Ihote Dball be no ' cunml aenarba ' antí) itl Ihc tríbe ií exUncI. 



Ihe ímce of 'except' Of tabisci 
abiill not exirt at «11 '^■•rwvi. 

P0sílK8810>r, 



Ssvsn pcraoDS obtnln, with Iriumpb, 

The ' cnmbfll Benorhn,' not Manly ; 

The Bon» o( tbo Ihree litat "-TTei fah-, 

And the ions oi tbe ' adaltrach'-woniaii llllíWÍBe ; 

A ' tBÍdhir '-teuant and a flne ■ gonnac," 



And ■ ' dner-f iiid 



i( tbe s 



AccOTding tc the Bize u( the land, i.e. thia is prodnced nccordiDg to the 
nobleneH of tbeluid u to greatacM ot imallneas. Tho iribe-prapertj it 
claimed bacfcwírda, ue. tbehcreditarj right ol tbe 'geilflnfl '-divirion Ijarh- 
wardi to tUe ■ deirbbflna '-division wbo hnTo their «hare ot it when it ia dividcd 
amDnglbethreetrlbcL* Tbo tbree tribea, le. the 'dÍbidb'-Und i3diTidedb«- 
Iwcea tbe tbrea 'fiao'-dÍTÍ«ion»,i.e.ibo'deirbhfina'-dÍTÍwon,andlhe 'iaiflne'-diiri- 
sion, ind tbe ' innfine '•dÍTÍiion. An extern brniicb itopa it, Le.thabranch 
bj which tbe land íe detaiiied is n bmnch ibat ia bitberto ezlem to the ' geilHDe'- 
dÍTÍiriDD, le. tbe 'deiihhflne'-dÍTÍnon. It the flTc, &c., ie. in tbii caao, if 
aftertbedeathoflbefiTepersoniwbicharetbe'geilBne'-dÍTÍaion, IbelandÍBdivided 
among tbe Ibree ' fine '-divisions, and >n fAitcaM there is no femalebeir. Except 
*a regaida the liabllity of relationship, i.e. It is thus tlic}- are as regards 
the pajing f or Ihe crioiea uf tbeir reUtives, for as tbej sbBre the * dibsdh '-lnnd bo tbej 
shall pajtor tbeiicrimes. Jf tbe famii j, i.e. atterlhe removal u( iho tamilj of 
tlie 'geUfiDe '-diviaiou oot of their land, Le. out oí their terrilorj, iliathcn il,i,c Ihe 
liud is divided aDioDglbe tliree ' fine '-divlsions. Except a foarth' paittothe 
' Qail-fine '-dÍTÍeioo, i.e. tbere ia nothlag f oi the ' innflne '-dÍTÍúon except the 
fourthof Ihe'dilndh' laudof Uie 'g^fiDs'-divÍsiua, le. thesixleeuth part. From 
aeventeen,' Le. from Uie aeventeen luen out, ÍI ln theii thej are dÍatÍDgiiÍHhiHl, so 
that tbej iu-b not a tribe communitj from Ilwt duI, but a community of pcople, 
Tbe 'lnidher'-tenant does not bear the iiabilitj ol relatioaahii^ 
i.c. the 'fuidhei gabhla '-tenant, &c, i.e. tbe ' fo-daer '-peraan, Le. Ibe natnral 
bondmati doea uot bear the crimea ol liia reiative^. Uulesa therc be five 
bouaes to reiieTe, i.e. uulese he baa Gve homes to relieTeliim, i.e. the Qve who 
have ploobconjúliivof ahundredAcaiío/aiU'r, and onlesa tbej betniig to one chief. 
If theie be S ve bouaes witb complete stocli, Le. if thc fiTe bouses, the flvc 
who liBTe atock coniuri''^ of s huadred head oj tattU, of each ' doer'-man of them 
be completei il thero bc five men of Ihem each Dian having a bandred of cattic, 
CTBTj one of them oblalna Ai« iW< o/'lho 'dibadh' land and pnja /br Ibe criraea of 
iho otbers, lilte evcrj íree natiie, i.t. wben thej bave the fiTO stoclti ol a bandrcil 
luad u/ catllt and are under one chicf ; and Ibej ahall paj the one-fourtb ot Ihc 
ciime ol tbe free nstive, aod tbe fonrth part uf Ibe ' diie '-finc ot Ibe natire fieo- 

them of everjtbÍDg wbieta ia dÍTÍded, botb laiidi aad 'seds.' In like manner ais 
Ihur ciimsi pald lor. 

• Frnm •etwiMen. — twm thii oat they do nol DbtaÍD anj ahare ; for tbe ' gtil- 
flne'-dÍTÍsion eztands to fiva, the ' deirblifine '-division to tweive, the ' Innfine'- 
dlTÍaion to 



44 "0111 TI*cai5íi'0 Sifííici. 

n «cop ocof cechfxamíii wpeTnila upTiniTi t)o ina ■Dnil- Coni\anT>OC (I 
pmncea'Da .1. )j- caicnemach ummn'oiir caí •mb ■ouchaiEpnB iic«iUi. 

rii mac 61101501" pnnasa pne fp.! "pov i^TiicIimeafa, 
munab neafa pi^ coibneaj- mocliaiii achaiii in onba. 

iloiiba macíiaii muncoi|iche a mic o plaichaib a ajL'D- 
chimnu. X)oaipcaleacTi imu|xiio'Documpno]?i|i5]iian; 
a leach onaiLL a v^li bpíchai!) pL a peola po'oLaisceait. 
pine ci]ic cobiiomne. Uiy cic "Oo cejw; com]:x)cair achc 
cejic ofiba mbooiiiec "00 [■echc cunial ; comafiTia ojiba 
biacach mboaijieach ; onbo i^oji i-ecnimixieboiii; ai" "Do 
)iona]i Leich ni^ie. 



Ui mnc bpaTiHc i;tnncij;n ■'■ noto ne In mac v'oilai' tiuécuj' vino 
a machaii uile, nl ii~ mo na j^ícmaTi cire tiiba-ó. 

Tllfn) o|iba c|imb no fliafca, tio T)ilp5Éi Tiarhaip ■oia fnsin a\\ 
Dunhjiact;, ip ■oiter o pine tio macaib T)eoiini* ocuf niiiiicmTn, 
cein beici oc irosnnni Tie, co a in>ibaT) no a nwipse o pne. TTlaT) 
mac imuiiiio beftuf cecniuinTiciTV vo uf.i\a*, if T)iluf T>a ciiian 
na noi\ba fa tjo, uaiTV befaic mtc na nuiif.ctT) cinaiT); moT) 
mac nnuiipo anatqiaiji, if tec tia tiof ba fo T)o. 



Vl\i poT) Ff ichmeafn, .1. opn meifemnaisieii fii;e moitiii beta 
paicíiuf jiif. 

.1. bancomapba pL funT) ocuf pepann orhaiv ocuf fenncbaji 
aice pe pe, ocuf gemcrti ciil t)i a cabaipc T>ia niacatb ní cibpea, 

tnunab neafa V'P coibneaf, .1. moníp nefo a íoibnef in veruiinT) 
T>a marhaipinnaTjachain^mnniboiibaqiuibixTif fliajTiaTionmachllxhe: 
naiii moffe*, beTWiiT) in mac pann tjp vo atcneD cecmuinTictixe HTinanma 
no aT^dlciiaige. 

■ 71» Imejmhjmeitt. In C R5tl— Ihe followÍDg note is «ddfii here; — 
" A. Iemal< heir it hen rcfíned to, and h«r (ribe aro not tioDnd to reatore tu her. 
It ia ■[ler bcr detth it 'a dÍTÍded belween lam ind brothen, [or If the tribe wrre 



OF TAKING LAWCirL P0SSKS310N. 4) 

msii'jibeiitsluUlljepíldlotofAo/lliemlothisbwul. Thay share tlie tribo Or tAW»o 
prop(r[y,i.fl.it ia ilelighlfuily each of them Bhall ih»rathetribíprop«rtyoteBch p^^^p^ 

It Í3 not a son that obtains the property of a tribe 
in ground to bu valued, unless the title to tbe land 
bc nearer to his mother than to hÍ3 father. 

As to a mother's hmd her sons ahall divide Ít írom 
the days nf her public testament. But the half of it 
reverts to the tribe of the original owner of the land ; 
the other half according to the true judgraents,' the 
seed of her flesh divide. The tribe divide their por- 
tion by just partítlon. There comes not by right of 
relationship but the right land of a ' bo-aire '-chief 
ío íhe extent of twice seven 'cumhals;' similar are 
the ' biatach '-lands of the ' bo-aire'-chief : as ío land 
given up for a road and respecting which there are 
obligations, it is to be restorod ; half ' dire '-fine is 
paid out of it. 

1 1 li not a lotl tfaBt QbtKÍD«, Le. it i» not the •on who takea the patri- 
niony ot the irhole tribe ol the mother, ia (oiediomoiathaiiaseTeiithof ■dibadh'- 
Innd. 

If itbo'cruib'or 'Blitiata'-land, orlajiilftppropriatedby tliefather 
for htfl daiighter out of affection, it ia forfeiteil by the tribe to the 
Kotia of t!ie /msba'icU, being exileg and forQÍguers, wbile t)iey are 
doing good with it ; they alao have what the tribe leave vacant or 
desert. If it be a aon that a firat wife beai-B to a native fi-ee- 
man, the two-thirds of these landa are forfeit, becauso the sona 
of native freemen boar {,}>0'ii /or) liabilitieB; but if he be the son 
of an ' adaltrach '-wotuan, half these londít are due to bim. 

In ^rouud to be valued.i.e. irhou it is truly cstimatcd that the tribe of 
Ilic mDther arB cogniuut of i(. 

A female hoir is liere re/erred to who haa had the father'a and 
the grandfather's land for a time, and though alie Hhould deeiro to 
give it to her sonB she ahall not give it. 

Unless the title to the land lie nearor, &i;.,le.unle» tlie cUÍni to thc 
Und bc nearcT to the mother than to llie ÍBthir, uolc.'u it be ' cmdh ' nnd ' sliut* '- 
Und af the mother ; fur, if it be iurh, the lon íhall tahc b ihiirc of i( according lo 
the nature ol hu molher'i eoiUracl, i.e. uheAer ihe bt a Bist wlfe of conttBGt or 
en ■ ídaltrach'-woman. 
bounJ to reilere thc Und from her, oo purtion ot it wouM be eirrn to the *atu 



46 "Oin Cetrusa'D ■Siranii. 

'a TlOTibfl iniicha)t niuncoip.c!ie. -i- ín v^P^"" "l^ "I^ "'*'r*'" ™IW'ct' 
ammn a mnclifiiTi, ijpmaiiiDotieacliFH'j'cuipecliaTi cojx. Ctmic o pLait- 
' tiaib a aitTictiimna.i. bBDte-amacaibp a cuicDconLovoiiiigneocimna 
co hoTvo, .1- iy la a macu o Uneoib a baiir -i. UTiba cpuib ocn^ f^ajrxi 
jumncaiti trunn amBit iwnncain cinan) jiomamti, .1. bancomanba ixmo 
Oiitpo, oc«rm utis^apne caipcnw], moTinpafain vinticniTKimac1iaiiv 
11) mic aj\ tKincomaiiibuy ma 'oia achi)i, i^ on'o inuyibenaT>piit>e a pine o 
d cii^c comiiain'oe, a^ 'TT'^ ** ceT<iCyvm o tih'ocio in) bfieich ai\ inne. 
"Do aific a teach. -i- aipcriii a le6 imuiiTui in ^ii eit"0<i ^" 71"^ 
Ocup ty « coic in inioi^Tio anii, uoiii i^eTiunti na pne T^eo, oca|> oiiba CTVBib 
oouf riiaj'cn iMMnoino.-i-iT'ocuic ínimuniio,ni>co noiprenn nl 'opeTian" 
aachoT^Ivo biinalttim.ocuyaiycia venann 'oitoj'Fen- CC leach anailli 
■|. a let «ili -w» ivein na pnbiieia no na viT^bpectiemon. 9it a peot» 
FO'otoi<;ceaii -i- pvoeitiscep, eij-eic 'oo pt a veolo. tio 6UnnT>. Tnac 
(roalcTUuj;i oTincrema ocof pne pn. ocupa iwiin'o 0^1 'wiecoTiT»B- T^ine 
o cine cob|iainne, .1- in v^-ne tic Tiia comanoin'o t» jieiii ciixc. ocni* 
ip pn a coibnainti o pne ciTiTiafeíc cuinnt t>o insín in boQiaiiech it" 
ini^iv. Mii- cic T)o ceneconi'cocaif, i-nícicTio comoicpsu-o twhotwih 
í'tmv CCchc cenc onbii mboaineí .1. aíc mao peT"""" ''^ boennec, 
.i.MiioixbaanachaiiTiialnsiii iaivii'DibaD,ceni>U>is^.ceii(Mpceneonsbint 
-I. cifvcettTM l^edc cnmot po boi oc on boaiiug iy T.ej\ii, onTi. Do i*eíc 
camal coina|iT>a -1. t>o comaiiT^aise'í iw 'oo i-ecc t» cuinaUiib contro 
he v^iwmn T>a nT>enann In boaine meT>onaí. no ín boaiii.e if coiim o 
b*t05«T>. [*í III o]\lja m achan T>on in^n lan nec inn achon; cen rnbo 
ceniiDbapn- Onbo jíoiifec nimraebaiTX,-i- peiumn «obenanpiiv 
conaii\ -1- ime aT>n piebup. voebjio lo pne o cninsiTicucu. voebiiaG leip a 



.t. pepaiimjo betinp a^ cancnp orpr, ocof aeinaebaii Inij- 
«1 n na geil^eno pip |\ad pitnpe ; ai" aije eiiiniceiv Lech eneclann 
t» neach, leorli wn n t>o beii\, ocn]" rfiian T)on n w» rabaiju 
enecUmn wn o wrnibein cinniora in feifen tumti T)éc 1 



*JjWJ»tw-— ThiigkiM»n«JiBttoPhr«UttffcM.t.iaJia— tHtrM 
■ rb fafr^it nOTrtt— U O'D. 419, tbi follaiwug MMhat £ri 

" BU Ite aw halt 0( h b iMlond 10 ttn ttíbe tAom popHtj O* iBd b Vr 
ricU. ie. H b tf iriM iMa twe pai^ Kke rrvj a«te -dÍMIi'-tnal, «ba tWe v« 

iMi tet (Me tM bT (Wp a«>W ImO Titk an el^gUÍM c( nMoiiiV it alte 



1 



OF TAEING LATVPUL POSSESSION. 47 

1 l«nd, &c, Lí. tbs Isnd to *hkb cUÍm U eslim.ted trom Ibe Of 



iTe«ltb ot the math«', it i9 wealth to the penoD br w 



ber 9bare d( it trom Ihe dsj thit ahe 
it trom the á)ky of hei death, Le. ' c 
tba crime ' U divided befort 
Dot obliged to reatore ta he: 
aoQ in temaie t 



i.e. ber inns ahBll oi 



madfl hei will 0|ieDly, ía. bec «oni «b&ll erm 
mbb ' itnd ' ílÍMta '•land >i bere divlded in 
i tem&la hoii' ia here re/«Tett to, and her tribe is 
le tribe propertj- be ne«i*r to the mother uf tha 
o tbe tBtber, It is Uien IbB trilie clwra by tbair 
rigbt of p»rUUon, for It Í9 ber duty to bring ber tribe-property to the tribe. 
But thehaltof itroTerts.'i.ahutlhBbaltbelongingto tho owncr of the Isnd • 
is restorod to bia tiibe. Aml ihe force of tbe paríidt ' bnt ' bero U, becamc this 
is tho Und o[ tha tribo, and ' crudh ' and ' Eiiiuta '-laad art T^frrred to betore, i.e. 
tho forcB ol 'but' ií, that iio part of the iind of the (athor whi'^h w»9 bis pojaes- 
sioa reverta, but his own proper Und dotb rnTert. Tbo other halt, i.c tbe 
other mol>ty accordiug to the true judgiiient, uraccordlnglo the true jiidgi». The 
seed ot her flesh dÍTÍde, i.e. it u partitioaed to thc Bccd ot her flenh, i.e. hcr 
ehíldren. Thc sou ot au 'adaltrach '-vroinan of coulract uud tba tribo ors hcre 
reftrrtd (t>, and it U divided into two tqiial partt hctwceu tbem. The iribe by 
jasl partltion, le. the tribe conie to make parlition ot itaocordmg torigbt, and 
in thli partltiou the tribe gives a Isnd of twice ,Mven 'eumhals' to thc diugbtei ol 
thahigheat'bo-airecb'-cbief. Tbere comep n ot by rigbt of relstiousbip, 
i.e. there comsa not ol relalionahip sccording to wbal U rigbt But the ri^ht 
land ot ■ ■hoaire'-cbief, i.e. ejtcept the iaud of tba ' bo-aire'-ihief, 
i.c. balt the land of tbe fathei^on to hU dBUgbler afler his decciisc, vtithout 
Ihe trrvice of bontiugs, withont rant, without rcfectiun ; Í.e. a Und of twciity-eight 
' cumbala' bnd i^een In tha possessiou ot the ' bu-aire '-uhief o[ best rank, in Ibia 
case. Twice seven 'cumhals,' &c., &c. , i.c. it wos adjusted by twice 
sevau ' cnmliaia,' 9u tbat it ia tiut lanil bv whicb tbe middle ' bo-aiie '-cbief oi 
the ioweal ' bo-aire '-cbief feeda her. irnlf the land ot tbc tather devolnei to thc 
duugbteiaftcrtbe dealh of thetatberj tbU ia wÍthontlAs itiiHeei ij/'Bttacli and da- 
(cui^ Lnnd given np for a load, and iE9pecting which thoro arc 
nhl igation», i.e. iand whicb U given for > road, i.o. (.■oncerning wbich therc aro 
iwo uhligatiuo, in obligatíon upon tbe tribe to demand it bBck, aad nuabli|{atioii 
iip'in her to give it up. 

That is, líind* wliicli ia given for a road ia to ba restored, and the 
obligation ie ou the person who does not receivo it for the atocfe of 
the 'fuidhir'-temtnt; it is by him hnlf Loaor-price ia poid to ouo, 
Iialf to tho person wlio gives, and one-third to the person to whom 
it ia giveo. Honor-price to the imraon who gives it except the 



ilieii tlme, i.e. the forci 
fBtber which he bad in 1 
or, indeed, their tme lai 
Í9, for this ia the Und ol 




of thc ' but ' here is, he docs not restore tbe Und of hU 
is hands (pi-eiipaliim) but hc restores his own proper land ; 
d u rsitored to ils trlbe, and the torcc of the ' but' bcre 

ihe tribe, nnd it was ■ crudh ' nnd ' sliasta '-Und ve spohe 



"A ÍBud o( seren 'cnmbaU' ahe hnd hore and the hnlf of it^oei to bsi soiis, and 
Ihe hBÍf to hw tribe, and ahe U aii ' adaltrach '-woman thnt ii her/ Irinled u/." 

< LaaA — TbU commentsr; ia lound unnoteoutbclower margin ot col. 2, p. 'J, 
of tbe M3. E. 3. 5. 



48 T)in neccuga'D fiiixina. 

Of TARisa ci,[|, 1)7)1 ^on ci va cabaiji, cminoÉa feip-D .1. tll i»fiifc a bjiet 

PoMmiioH. "cuf a ralioipc amuit. po gab ni\ j^oci^aice no aipbiara .i. opba 

gaibceii o vl'aitno oeclair- bexiciit(iupiio,iuuTiajia5bai:cuii\in 

bancomapbutaifin pitie; bejici pne man]\0 5abac cuiii leo. Ir 

imaebuii fin af ^a (lenaji Lecnnie. 

CC|> -oa fianaiv loich'oiiiB .1. ij' afpic eiTinitliep, LeÉ fneich w) 
fuich «on np wenedainti 'oip .i.let ociivei a UatinaiU.oj-aTOcop. 

Cuií in imaebnp. a Tieiji rinn ? .1. foebuii tatpn ínsin ocof 
f aebuiv laifin pine, Ifj-eua TieifVT)I,ise*, faebuiv loifin pne im 
aipc Tion insin in uam na bi mac ami capeif in arhap, ocuf 
faebuil laipn ingin a aipc af,if 'oon fine. 

8Lan paiiisre nibp,05ai"D mbjiui'Diieclica injiiai'De n|ie 
com'Oi'Dan comiceach. 11Í Tiiiieanaii lafiTnobí blia"Dnin, 
aclic beraib pochp-ucca, a^i nacli cneaTi beflan iie tncixiib 
ir Tn camsean la peine. 



Ston i.'aip.Srei ■■■ fLonci aichsena a T^eoiii a pei^aim) oti cibif ac 
pH-oeclipn 111 bpuis piif na coin ■dihsi, Tiia caii) can acfía co pa ofo a 
HinTi píiT, a veon. InspniTje cine, ,1. msitaiw n tiin-ni a coinamtiin 
in comaichéi inaÉiii, .1. w« aici no o citl ecaiibaT iciTi t>o i^ili. Tll 
Tii itean a(i, .1. noco nanbut, eiiimcep oiiiic inti iai\ piivbie tio 1 naicicin 
tpn bLianoin cen aciui coii opi a iiin'D vonf in ^jí pn a]\ff. CCchc 
bef aib i;ochiiucca, .1. acc in veiv tio bein ap, iwiiaic ■oo nenv bafepi 
gnae no aibinT), uaip ce beií necb a naiciciti o va<^tine<:a cen a aciiit cofi 
l?afa a inmi Fop, a peop, noco lusoici T)Li5Uf a pochnaic 1110 nif. CCp 
nacb c nenT) .1. ap nac cnin bai v'eoiii beflon ixe tneifotiinaec a ociia 
■oe aca DiuLcn'b, connc coin caingin itiie thi iiein 111 velnechaip .1. iciiv 
cpechc oeuf poii ni hicca]t an aichgiii aúc ■oip.e na gona ocuf fmocc 



iffaí/- 'dí™ '-/*-.— Tn O'D. i-22.3. ll.t UWiiig tiota ii oJiled:— " Thít is, 
tiatl tbe thÍDg whlch pGrtaina (o the lanil, i.e. half ihe part whii'h is givtn to 
her ont ol her Imd, bj the trlbe, or ia^eeá it i> halt to her nnt of bcr Und 
pro|Hity, i.e. it ii oat of thal tha one-b«lf i> paid hy the puson who givea, and 
ono-lbird hy the person [0 whom honol'-price i» given, eirept one-eighth to the 
praBon who give» honur-priee, anil une-iixlh tu llio pemon lo whnm it i» given, 
to tbat It ii two-thirdi dí one-lourth of honor-prlce that U waiiling lo Iha pemm 
to wbom It i» given, whicli is equal ta the one-nislh of the whole. 

"Fullhonui-piice ii gÍBm to ODeforpaiit^andirarlhinen and property, i.e. one 
hall tor pliríty and -worthinew, and one half for properlj', both llve cattle and dead 
chelteU The one-half whioh ii on Dccount of livc cotlle, i.e. Ihe oue-rourth ol 



OF TAEINQ LAWFUL POSaEBSION. 



49 



I 



BÍxteentli part of hoaor-price to the peraon to whom it íb given, except 
one-sixth, í.e. its t^ing tuid its giving <Io not run like those of hired 
Ifuid, or i-efection land, ie, land which is rented' frora a chief or 
from a churcL. He (Me son) tiJces it, however, unlesa Lhe covenaata 
oF the female beir ufiect the tribe ; the tiibe take it uuless the^ have 
verbal oovenants. Tbat Ís the obligation out of wMch half ' dire '- 
fine is paid, 

Ontnfnrhiphhalf 'dire'-anei U paid, l.e. itiiautol this Ii piid 
half the port of (be laud irhicb comea to her u hoDOi-priee, l.e. hall her land ; tbe 
othet httlf out cí hur propertj-, 

Whttt obliga.tioii ÍB mentioned here 1 i.e, an obligation on the 
daughter abd an obligation on the tribe. What the law sajs is, 
" let there be an obligation on tho trihe as to reatoring to the 
daughter when there ia no son aftef /Ae deat/t q/"the father, and an 
ohligation on the daiighter to restore it f f/ie land) agaia to the tribe. 

In the 'Bruighrechta'-laws it is guiltlesa to look on 
cattle grazing on the joiiitly-fenced land of a co- 
occupant. Nothing shall be paid after the lapse of a 
year,butafter the customofhire, foroverjwound that 
ishealed by arbitratorsis not to be settled by the Feini. 

It i í guilllesa tD look on, i.e. ngtitation oí tho gntí oí bii litid need aotb« 
m>deby theperBon whoi«trulyloDkiugoiitheUnd,fo[ iFhomltiiDOtngbttDcarreet 
it, Uit remaln irilhont being clumed uutil thetop grows on the srui. Graiing 
on a íerm, i.e. Ihej graie tbe top o/ Ihe grau \a the laEd, tbe neigbbour beiiig 
oogniiant ot it, i.e. for two nighti or threo unprofltablj on thy partner'e land. 
Nathingabail be paid, i.e. 'eric''flne ■bsU not be paid fur it after bi> beiog 
oogmzant iit it for n year vithout clumiag, until iU top grows opon tbat giaH 
(gain. Bul atter the caetom of hire, ■ .e. but Ibe graaa whlch be tets for 
hire according to tha good or pleasant cuatom, for tbaugb one sbould hs cogaizant 4Í 
the hlre witbont ctaiming it until tbe top growa on Ihe grau, he il DOt the leM 
entitled to bavo his biie paid to bim. For everx -woandi i.e. Íai tivviy áuDaga 
V> grnsa that Í9 repBÍnHlb^arbitratÍoncannúthefnrtber niedfori 'de' íaanegalive, 
•0 tbal there ia uo f urlber claim for it, eccerding to the 'FBÍaecbBi'-law,> í.e. aa 
regarda'' wound and giaaa, compenBitÍOD ta not paid, but the 'dire'-fine of Ihewound b 
■nd 'auiacbt'-GDe. fii 

honer-price, oae-fourlb tor Iind and deed cbattelB, tbe bali of thal tor laad aíona, 
•0 that it i> tha oae-balt of thia ii given to ber, i.e. Ibe nileentb part Or, indaed, 
It ia a balance Ihat ii ilrach betwesu laad and dead cbattela, or the oae-«izteeatb 
tOT eitber iinlees tbef are equalized aci'ordia^ to arbitratioD." 
• fly* a/Ur l/tt cuttom o/ Aíra. la C. 059, Ihe foUowing uole il gÍTen:— 



Or tjixaía 

POBSEBSIOH. 

•Ir. Taím. 



sfter the mai 



r of 1 



Thoci 



>n o! ll 



msde, (0 tbo lieapasies 






I 



ontoTced, but If do contrict has beea made, no pajment is 
in tbe cise of co-occupancv, unleu thejr ere claimcd for w. 
treipMS, ahiU aot be enforced," 

/>íiKCÍlui'-íaiii. That ÍB,wbaleveriaiubmi1led to arbiuslion and decided 1> 
. be considered ae flualiy «ettled. Tbere r»n be Bo fnrther appcal to 
FeinechuB'-law. 
VOL. IV, K 



so 



*Oin CeccugaT) Sifana- 



1"' .1. na cneía ■dotio, munalj acia|icuii \aa flaníci, ocuv n' po 
^. 5ab Micbijie, ni bico]! airligiti acc colonr epic nama. 

ífía txo FollaijeD in ■(sa]X cin agiia cnji far in i^aeiv eile na 

incrt, ir T>itri na liai aidigina, ocuf caipcin rinaccair'n nifin; 

aca ep,ic a f ogla vo 'oul a nupat o -ouine, ocur if aii^ «^a aichgin 

Tiocunnm Tiuuie cne na fatlí- 



.1. Ifcao FUil funi), Tiuine rio bai a nai'oicain irosla connceofa 
■Do ■oenain n\ir> ocuf jvo bai a foiLl gen a caqia coi\ faf a feji ; 
fccaiji meic fi^if. ocnr ni biccap. aicbjin. ocuf if e pn aen íneao 
a n'Dit.riseann oicbgin o 7)u!no a faitl Tio Tienam. ocuf nl h(ccaT\ 
ocbiiof ifin fmlX. 

8ip, cach fen'Dli5e'6 caclta c(iice con'DeaLs- tn can 
ifDicom'Dets cacli ciiich, ip ant) beiiop. cach tnjean'D 
co 1^15- 

Bifi cacli r*'i*í''ES*.'i' ''r''cain cai fenneiLiButi, cai Deilisnt) tiib 
fO pf jio ceilo, no ca6 dIisb'Íi fen ■oib pe ceiLo. no cat nLise^ to) f^iji 
naf«n. li> con if -0100111 T>eiLE,-i. ín can na bi bneichem ac m bit>- 
buiTi no ac in FeicheriDin coicherHi. 1 f awo bepat^ cacli TngeanD co 
I»'5t-'> if onn bejiaiii cach wcenn c'maTnairocur bfieicliemiiair aTiamuf 
in i\i5 nuiiv if aici if 11015 '" cainceaj-acli riobicti. 'Disean'D, .1. na 
■DOSQbari TOI sLeoTj. 

fli p,i5 laif na bia^ jeiLl i nsLaixiib, 7)0 na cabap, 
chip pLacha, T)o na eijiene'Daii i:eich cana- In can 
geibiur 1" r''5 "la mama fo, if an'D 7)0 ]iana|i TJipe jiij, 
5en 5ae, gen eafbpac, cen etfin'Dpucuf fiii a cliuaclia. 



Tl I 1115, .1. iioco iiiE if iwici nif maiii nabi 
a 1*15« no aceiLLftne. 11 a cabaii chir pti 
I- j-miichc 



In c 



n can smbef in moamnsaTi n 



fa, .1. sialt., ocnf 
l)Ii6icliemnuf, no im Eiii.iaTinaifi, 

> Tltt teoundi. The Irish of these tw 
ol col. S, p. 9, near tbe bottoia. 
*Uitpeaph. Seo V»JI«nci;y Collerl 



in 51 



iice fua comaUa'Q 
TiaeiiaiciUineiccb 
n i»'E. 



11 a Tiiibiwtmait itomain'D. 
eiitn)ce|\ enecLann ivis '00 co comLon, 
cíf. ocuf rmaíc. ^en s"* ■'■ "" 
no im eifin'0|iacuf no T>eiiam wv 

1 pusgraplu \a tooDd in Ihe right uargin 



'a ind other paa»»Bea o( the Brelion Lows. 



OF TARING LAWFUL P0S3ES810N. 51 

Tbal ia, as lo tíxe wmitidn,' indced, uiilcss tliey aro daimed forO' "naa 
before they are hcaled, and no neceB3Íty interforea, no compenBtt- pombmiom. 
Éion ÍB pnid eice|Jt body ' eric '-fine alone. ^™ 

If it has been neglocted to Hne for the grasa antil other grass 
grew in Íta plaee, it is n cam p/" forfeiture of the oompensation, and 
a repftjroent of the ' smacht '-Gne fov that tliing ; the ' eric '-fine for 
the damage becomes obsolete to n person, and in thia caae compeu- 
aation is I'Mit to* a peison through his neglect. ' Ir. FaB$ 

That ia, the caao here ia o/'a man who was cognizant of the com- ■'*^™' 
miaaion of a treapasB of co-ocaupaDcy againat him, and he neglect«d 
3uing for Ít until the gmsa grew ; saclca aro paid for it, and com- 
pensatioD ia not paid, and this ia the only iuatance in which oom- 
penaation is forfeited by a person tbrough hia neglect, and BÍck- 
maintenance ia not paid for tbe neglect. 

B Conatant is every old law of every ten'itory of 

rcovenants. Wben any territory is uncovenanted, it Í8 

then every diaputed caae is brought before the king. 

Conatant ÍB tveij old l»w, i.a. pErpetanl ia btbtj' oW anmgenieiit, erety 
doclsion of thou whicli follon' with each other, or everj' old iDnr of them irith c«ch 
other, oreverylnT acoording lo the Bncientí. When uníovunanled, i.e. »hen 
the defeDdaot or ths plaintiff hu not B Brebon. It Í9 thsD overj diapnteil 
ciae i9 bronght bpforo tho kitig, i.o, it ia then crtry diípulcd caae of crime 
Bnd judgment Í9 bronglit befora tho king, for it Í9 wilh him tis wluííon q/" ever/ 
dÍScultj ÍaIikfiylQ be. Disputed caie, i.e. tha thing bronght to be settled. 

He ia not a king who bas not hostages in fetters, 
to whom tbe rent of a king is not given, to wbom tbe 
fines of law are not paid. But wben tbe king gets 
these submÍBSÍona, itistbenthe'dire'-fineof aking is 
paid, if heisfreefrora''falsehood, from betrayalofhÍ3 ""ir. t 
nobles, from unwortby conduct towarda hia people.* 

He is not í hing, l.e. he Is not lo be stfled kiiig iinlesa he lushastAgM for 
preserTÍng his king«hlp or hiit tenanc^. To irhooi tbe rrnt of 4 kiDg is not 
given. i.e. therail paidim ' daer '-atoc^ tenuifl}', i.e. milt. Finesof l*w, i.e. 
the 'íraírhf-fine of iho law. When the king gets, i.e. when iis receiv» 
Ihe sDbmiraioii or «Uegiance wbfch we bSTe mCDtioned befoic. It is thaa 
tbe 'd ire'-f ino ie paid, i.e. it is thenthc bonor-prícc of a king is completelr 
pBidtoblni,t.e.theBeBubmis9Íon9,Í.e.ho3ti.ge, rent,>nd 'imicbl'-jinc. Free from 
leiseliood, í.b. reBpGcting jodgmentfiaMeii; or falae witneiibnnit, or imptoprietj 
TOL, IV. E 2 



52 *Oifi T^eccagaT) ^tfoona 

Of TASoro ^en eai^bfiat, .1. cen bfuxcli na nvcqpal; ocnj* noco rAj^cecha t>o bfuroli 
'^^'J^** nanY|*eat. Cen et|*in'0|iiiciif,.i. im snYX>rpsiBU< a T>ti5ró, no im pini 
__ noimsairpotvaciicroliaib; iico|\'Da|\oibnt'oib|*inaiGe»nocobictDened/anii 
fU5 "oo co comlan. 

Cfcaic fechr pcronaife |X)p.5ealla7) gae cach fiig; 
fenaT) vo foTHro af a Tiai|ilifi ; cen fi|v, cen T)li5eT), 'Di'oe 
aifie, mje maD ra[\ cefic ; niaiT)fn cacha faifi ; ntma ma 
flairhitif; T)ifce mblecca; miUeaD meafa; feoi 
neacha. lce fechc mbeocaín'Dle crnT) fo fOfiofnaD jae 
cach ÍI15. 



ttc ai c f ecb c pi a-o n a 1 Y*e, .1. accnc a fechc am«il pcroncDfe pofi^^ 
a 5ae poi\ ín cach 1^* tilg. •8ena'D "oo j^o'oa^, .i* |<encro na heclaifi 
TnmpoD off a iiayxit tip Cen pi|\ .1. im piachcob ctn'Dci .1. cen cefic 
Cen 'otige'D, .1. im piachcnb eicanT>ci "do 'oamtain 'doiU T)iT>e aifie 
.1. co htm>ti5cec. In^e maT> cafi cefici. tnseafiaccvacaaccltm anT>, 
mcTD ofi ccnficpn 'dI.isi'd 'do, nooon inT>li5cech erpiim an'Dpm>ew TH afDm 
cacha paifi .1. fie comtín a fve '01.1505, .1. let I05 enec cfiechncni* aifxa. 
H Qn a .1. bet can cma, .1. gofvca "do btch ina ptachof^ T) if c e m biecca 
.1. ntpccae .1. bich con lachc .1. "Dtfxxnlaf^ 1n lachca. ÍTl 1 tle aT> meaf^a, 
.1. tafi naccnbpn,ocitf«mittcifi. 6eot neacha, .v feotcro of^in necha, 
inncqibo, no f^cntt becoon afibafi'oo bich cmT>. Ice Y*echc mbeo- 
caln'ote .1. tctac fx> cmaaf^ in pechca cnnmt ccdnnit mbi piif\fxnn>itf no 
pcnttp5ef a ^ae pofi 1n cach íf* fii^. 



Ceopxx gtia aca moam va pch rna fofi cach cuaich ; 
faiUeam gti naT)ma ; fop.5eall gtipaT^naife ; 3tibp.each 
ap, fochpxiic 

T^eofia 5aa, .1. ceofxa 500 eím tf*mefxx in'oechaf^ T>ia pof\ na ciiac- 
hcnb. faitteam ^a na'oma .1. f^itlem toiSfDechca -do sabait ctfi 
^QnapcQnfvecc, octif* noco 'Dte5a|\ a ^abait a-ó af\ píf\nafrcaif\ecc .1. to^ 
"Do ap a fwro crca a ncromaim an co be. "0 a p 1 c h t> 1 a , .1. t>o fMstan-D 'oia 
Pof\5eatt 5apia'Dnaif*e, .1. tn 5irpGrDnai|^ "Dpoifvsett t>o. S^^~ 
f\each af\pochf\aic .1. na bf\echa ^na t>o bf\eich 'oo cq[\ 'oeicfieic 
toi^TDecca, octif* noco T>te5af\ a-o a mbf\eich cm cnf*a. 

» For *ire.— Vide V»U. CollecL, p. 90, toL iu. (No. X.} 



OF TAKINa LAWFUL POSSESSION. 53 

done hy him. From betrajaUle. without betrajal of the nobles ; and it Of TÁKiiro 
Í8 not more lawf ul for him to betrav the plebeians. Frora unworthycon- lawful 
d u c t , i.e. with respect to falae decision of his law, or with respect to wonnding or ^^ 
robbing his people ; f or if he had been guiUy of anj of these, he shall not have the 
honor-price of a king completely, 

There are seven proofs which attest the false- 
hood of every king ; to turn a synod out of their 
noble ' lis '-fort ; to be without truth, without law, 
' dide aire/ unless they {the demands of the parties) 
were beyond right ; defeat in battle ; dearth in his 
reign ; dryness of cows ; blight of fruit ; scarcity of 
corn. These are the seven live candles which expose 
the falsehood of every king. 

There are seven witnesses, i.e. there are seven things as it were wit- 
nesses which attest his falsehood against everj king. To turn a sjnod out, 
i.e. to tum the Bjnod of the church out of their noble * lis *-fort (meeting'phce.') 
Without truth, i.e.respectingcertain fines, i.e. without justice. Without 
1 a w , i.e. respecting ceding to them uncertain debts. *Dide-aire,' Le. unlaw- 
íuWj. Unless, &c., beyond right, i.e. "unless'Mor *but,* i.e.Imakean 
exception here, if it is after offering of law bj him, it is not unlawf ul f or him then. 
Defeat in battle, i.e. bj an equal number in a lawf ul battle field, i.e. half hís 
price of honor is taken awaj on account of it. D e a r t h , i.e. to be without wealth, 
i.e. that famine should be in his reign. Dryness of cows,Le. failure, i.e. to be 
without milk, i.e. destruction of the milk. Blight of fruit, i.e. after its 
appearance, and it is afierward$ destrojed m the bud. Scarcity of corn, 
Le. the disappearance of the com, the vanishing of it, or a small quantitj of corn 
being in existence. Thesc are the seven live candles, i.e. these 
above are the seven things, as if living candles, which expose or exhibit to view his 
falaehood against everj one who is a king. 

There are three falsehoods which God most 
avenges upon every territory; additional gain by 
a false contract ; decision by false witness ; false 
judgment given for hire.* 

Three f alsehoods, Le. there are indeed three falsehoods for which Gk>d take8 
worstvengeanceupontheterritories. Addi tional gain by a f alse contracti 
Le. to receive additional reward for a false contract, when it is not lawful to receive it 
even for a trae contract, i.e. to get reward hj his sa^ring that there is covenant 
where there Í8 none. Which God avenges, Le.forwhich Godshowersdown 
hÍBvengeance. Decisionbj false witness, Le. to approve of false witness* 
False judgment for hire, Le. false judgments to be passed bj him for • 
pajment or hire, when it is not lawf ul even to pass them gratis. 



54 t)iT) CeóctijcrD 'Sifccna. 

Of tadho OCcair ceichfii noDín naD fea'oaT) ciaD fioircaiDeaíi ; 
r. mtiD poíi a flaich ; tnac pofi a achaifi ; niaTiach pofi a 
abaiD; iilach poft afiaile maD an aenaft. OCfi Foptiaflaice 
flaich, ocnf píne, octif eaclaf cach fochafi octif cach 
Tiochafi pocefiDcafi fx)fia Tneatnfia, achc ni poficonsíiaT) ; 
afi ace ceoiia naDmanD afpa innf^n naifcaiDceafi la 
peine : cofi pofi Tneamiia eacalfxi, cofi |X)fi fx^gnamce 
placha» cofi fx)ft paenleasachaib píne. CCfi Do inncai 
flaich, octif pine, octif eaclaifcach cofinacolcnaiscefi; 
afi Dlegafi Doibf^tim na be lobcaig coix, afi Dia mbaD 
lobcai^ feon coix, if anD ni cinncaqpom ctifiti a memofi- 



CCfi if annfom i mbfieicheamacc cofi la peine ctiifi 
cfiene. Offi ace ctiifi cfiemeacha la feme cach la fea^x 
Dia tifigaifie, alaiLi Dia foixngaifve, afi af Do ftiiDe aca 
fopxx^ngaifi na Dtifigaifi ínn fitiiD concuaife. 



GCcaic ceichTVi iiax>m, .1. ocaic a cechTiaTi 'oo ní poiiaix>fn, ocui^ 
tioco niiTDixMscep. o|Vfu> cia fio 501*000 inx> lac, .1. cotv xxíf^ nieni|\ii 1 nec- 
nicrtf a cenn ; i^aichmigii; na cinT) na catvti fein mani bec cola T>oib, .1 i|* 
amtoi'ó pn aca, no Iman pnaéc x>ic ann|X) cen co hicafv in aichpn. 
Ciax) Tvoi|*caix>eatv,.i.ciafvo aTV5n:etvpo|vp,o. TTlti'D poTvaptaicti 
.1. fenpaix) ín pUnch vna'o ait leip TTlac pop, a achaifv, .1. pc oc« 
TTlanach pofv a abaix), .1. co tva icac a cenna, .1. ai|v i|» inx)|xi XK)n 
memoTv cachcax) in dnx) gaibix) ima polca x>ib conT^atvagbac a ptvit|x>tca. 
Utach poiv aTvaite, .1. xxng fenpcnx) ime, .1. utach bif cen pcronti cix> 
1 maóaiTve beic ip amtaix) pn biap. CCtv poptiaf taice, .1. nax)bax> 
machcax) cen cobach x)oib x>ib, uaiTv t^opwaptcncex) ca6 cotv x)o gniac. 
Cach i^ochaTv, .1. cotv comtoigi. Cach nochatv, .i- x)itibaTvca. fo- 
ceTVX)caTv poTv a meamTva.i. ax)a cutvcctTV poTv a momorvitnechaib, 
poTV a memTvaib ; cix) x>ono oqfv na caitme^aij» no na fenTíax)!|* m ctmx^TVcro 
w> x)enx)aif T^lti box)éin. CCchc ni pOTvcongTiax), .1. acc 1n1 poTicon- 



OF TARIIJG LAWFOL POSSEBSION. 



55 



There are four covenants which are not binding Of Tutun 
though they [theparties) are proceeded against ; ihat ^^^^t 
q/"» bondmanwithhischief; o/'ason withhis father; 
o/a monk with hia abbot; of an 'ulach'-person with 
another if alonc. For the chief, and the tribe, and the 
church, wiU redeem {rescind) every good contract and 
every bad contract wbich are made with their sub- 
jects, except what they themselves order them ; for 
these are the three defective covenants mentioned by 
the Feini ; the covenant with a subject of a church, 
the covenant of a servitor of a chief, a covenant 
with fugitives from a tribe. For the chief, and the 
tribe, and the church, may annul every covenant of 
this kind to which they did not consent ; for they 
are bound not to be remiss about covenants, because 
if they should be remiss about covenanta, then they 
do not annul the covenants of their subjects. 

Forin thejudgment ofcovenants with theFeini the 
covenants of three are difficult. The terual covenants 
with the Feini are where one man commands it {the 
covenant) and another forbids, for to him is the com- 
mand who has not forbidden what he has heard. 

Thera are fonr coveDiDtB,i.e.Ibereva(aiirperiioiiswtiaiiuhe>coveiiuit, 
«nd proceedingi cumot lie mBÍnlsÍcFd iucceiifvlli/ igainit Iheni though they ara 
tned for it, viz. : — a Cuvedant with tnbject* in Ihe abieace of their cbiefa; tha 
diicfa digeolTe tbese covenButi unlesi tbej btve glven their conient to tt<t matíig 
tíf tliem, i.e. it is tbua it ii, oi '«macht'-GDe ia (MÍd in Ihis cub, thongh com- 
penBBtiou Í9 not pnid. Th ongh the f are proceedod agiinit, i.e. thongh 
tbgjore laed. A bondmaa with hi« chiel, Lc the cbiel msf repudials it, 
il It u pleue him. A eoD with bia f uther, i.e.iic oc A n)onk wi th bis 
.e, ontil be pay9 for hia crimeBj Cor It i» dlScnlt for tbe Bubjcct to (erve 
I tbe cbief wbo receires trom bim hi9 propertj-, antil he rcceÍTCs his returns. An 
'alacb'-persoD, i.e. becauBC be will don;' aU abont It, i.e. an 'nlich' wbo Ii 
«itbout ■ witneu, evea though tUey be intbepliia, itBhoUbeai). Will redeem, 
Le it is no wondcr that tbpy shouM not diitiain then), for they redeam evet^ con- 
;t wbicb tbHy malie. Every good coutract, i.o. every coatrscl o( full 
I Tilne. Everf bad contrAct, Le. frnudi. Which are inade wlth 
ibjecta, i.e. wbich are put upon thcir dopcndants, upon their sabjeet»; 
L wbv tben shonld Ibef not disaoive or deny the contnict wbicb they sbould maiie with 
k thúnnlTes (fA« eAit^(> Ezeept irhtt they tbemefllvei urdor, Le. bM 




56 *Oin CeccujaT) Sirccna. 

Of TARtNO Ejwnc btfosin T>oibT>o Tieiiom tib tiech mte, uoin nococtiiiTiBecli acctitm»- 
i^wi'i'L clipT)e, aÍT amniL TtoEetioc a cnnnrwro T^en. CCn ace ceofio na-o- 

Fo mM iQH. niari'D, -i- an aco cni noTHnami ín|*in T^naif^iccTi ia noipiei'oenn ín 
Venecliai", oca'c ij- ej'baTmcíi aba a mnic on ci «0 ní loc. Coji poji 
meamna eacaifa, .i. I neCTnfH)-. Coji pop Trosnamte placliai.i. 
cunnixcrt) 'oo ■nenam ni|-in Incr inf ac TMsnam tion f:laich. Coir pon 
FacnliBagacliatb.-i.cojicupcaivap.navanneLoTiacliaibbli'tioiiííne. CCli 
T>o mnííii i;ta 1 cti ocuj^ ).'iiie,.i-uuii»impai5iTiiii i;!.nich,ocu|'ineclai|', 
ocui' in pne caí cunTip.irD nnf colcanncli o memaip, ocuj- ijyt cuíc in 
aiT, anTj, uairi 1 T)ubp.amaTi, iTomainT) aca cpi nanmanna e]-pa, .1. j-eoic 
ml. 1CIIV jxiclioitJB am> j^n, ocu^ m ct iio jiec a euic Tie ij- Trtl,u|' uot) he, 
ocoj- tn ci na txo txoc noco tjíLuj- uod he. CCti. nleEaj» Tioib, .1. ooiii 
T)Leoap.Tioibpum nanablencaignonaiiliccaisaecobacJi nacojtninTiliE- 
cech T)o níac a memaiji, .1. iiaiibai; liuncais coboig ia)i ^f coji. Oljí 
Tiiamba'o Lobcaig, .1. ajiTnambac Laebcai5 pnm no TJiomboc iictaig 
cen caiDeíc po na conaib. 1j~ onTi ni cmiicacj'om, .1. ifann j^n ni 
ciTi'Dcacj'um, no noco cennTioipcic oi- na cuijv 'oo iiiat; a memaii» im 



CCj» if annj>om, .1. uaiii ii"t)o na neichib ij«tioi1^i o mbjveichemnuj- 
nacojiTiO'p.eiti in penechoij'. Cniii ep.enn .1. cnljvcpi neeh tiocpi nos. 
CCLaiLi Tíia popngaipe. .1. ac popconEaip a T>Bnma .1. anncupsaipe a 
nem-Denma. CCp ij- Tiofunie oca popconsaip, .1. np ij" tio nia- 
^atpn aca conuD tnonTi t>d neoc ocup t>o neic Fopcongaip a Tienma 
mana «epna upsmpe a 



CCcaic qii naTiinnmJa la peme naD jiotcliea"D iií 
anaicai'Dceii- "OTjaib "00 I05 enencli eijieach tio feoga'D 
nai'DTn fop, iieach fio pinncari "po^x ujipociia ; namni 
coiiuixr 5aiT)o la ga'oaiEe gm ni gaTia paTjefni ; pojicftan) 
coibce fi^i eacIilaiT) ; ap, acaic "00 achlaiTt cofi la peine, 
bean j?p.if cabajl coibce naiTSnaiseaD, onif fep. T>o beiji 
coibche mop, pp,i baiT^fig fofi na fcap,a T)ilp. Crjia ace 

I The íemní cor«i™t(j._In C. PCO, Ihe followiug note ia «íiied ;— 
" TernBl coveDints, i.c. o( thrce petMní, i.e. Ihree conlnicli upon him, i.e. nith ■ 
chief,vith thechnrcfa, uidviith ui exlem ttibe, ichichevcr Ít behÍBsbtre la torfuL 

•Forbidt. Dr. O'Dnonvui rciid u in thc tesl the firbt i^lUble of the ironl 
■anncopsaipa'; in the MS. tbere i« limplj- ■a' nith tiro di»gon«l »trokei oTer 
It ( the uin«l coBtrteliOD for ' n ' hoing o horiiontal 8ttí>ke over tho letlet wUch 
' n ■ »houW toUon. Th« resding would thm bo " ac upgaipei." The tudiDg ifi 
C. 960 fi " (»l\iTK»ns<iiIv'' 



OT TARINQ LAWFUL P08SESSI0S. 



I 

I 



whíl thejtbeintetrMorder them to mílte with «nother pcraon, tor lhey •« not «ble Ot 
to diBsolve Ihese. but «» thej wonld íheir own eontrwt. For thrie sre the' 
three d^eciimcoveaant^ i.e. for theee are the three íoíenanu whiih «re eon- 
tficled o[ which the ' Fenechu» '-Ibw laafcea meotion, nnd Iheir 'ba' i.e. their 
good ie defectlve from the persoas wbo in«ke them. The corenant with a 
anbject of a chuicb, i.e. in Ihe abMnce o/ lke htadt. The eoTenint 
of « ■orTÍtor of m chief, i.e. a coTenant whicb is made wilh tboie 

frnm a tribe, i.e. i coatract 111111? wilh the fngitÍTeiirboareof thetribe. Por 

chnrcli, an<i the tribe, abrogate eTerj' coDtract wilh which thcir sabjccta are not 
■aUalieil; md tbe force of the 'for' bere is. for wd said betore there irc threa 
defeclÍT« coTenanls, i.e. a 'ied' which ia between (oumed bi/) man; peraoní Í9 here 
re/erred lo, and tbe peraon wlio lold hií ihareof it, forfeits Íl, ond ai ío the perjon 
wbo did not »11 il, it is not forfeited b; bim. For thev are bnund , i.e. for 
it ia rigtit for them tholthej benot remiu or negligentiu eettÍHg aoide the nnlawful 
coDtractiwbícb thelraubjectB malie, i.e. tbatthef bo not remiu ín setting them asidc 
altet Ícnowtedge of tho contracts. BecanBe if tbcj ihould be re- 
mi«B, Le. for if Ihef should bo neglígeot, ot if thej should be remiso, aod nol 
impuRn the cDVenants. Then tbej do not annul the coTenanta, 
i.e. ie is then thef do uot Ht aside, or thej da not abrogile the contncta wbich 
their Bubjecta mifce, by oppoBÍng thom. 

For thoy are diRicult, i.c forthey are among tbe tbings that are 
n Ihs judgment nf the covenanlB according to tbe * Fenechus '-law. 



al c 



,' i.e. 11 
t, Le. c 



domg of il, i.e. forbids' the non- 
, i.e. tor it ÍB from tbat principle 
Ib doiag and to forbid ilB non- 



There are three covenants wíth thc Feiai, which 
do not amount to the thing atipulated. It takes 
from the honor price of a chief who sues upon a 
covenant with a person who is knowa to be pro- 
claimed ; a covenant concernÍDg stolen property with 
a thief, although he did not steal it himself ; to give 
too great a nuptial present to an ' eachlach '-peraou ; 
for there are two ' achlaidh ' covenants with the 
Feini, the case of a woman with whom the nuptial 
present of a married woman is given, and í/ie case of 
a man who gives a largc nuptial present to a harlot 
for her lawful divorce. For these ai'O the covenants 



58 *OiTi T;ecni5aT> fiirctnír. 

acuijt innfin ncn)|ioicecrD co c|iian p.o fui'Disea'O atiiu- 
boficaib cofi la peine. 

CCcíic up.5ap.ca coTi la peine, ni 'Ditea]- ni gen aijiil- 
liu'D, ap. Tiacti cpai'De ip earlan íníai'D a coibcbe, ■Dlip'D 
fLan ciiai'óe a peip bpeicheaman, acbcuair "o ujvgaipc 
no esniachc. 

cuf, ocu]" noco fio iHTifaisec ini ín aiT.uce|\^8T) lat, no in a pnca cogaic. 
■DiEnibt)0 Loseneaeh, .1. njiEboi'OíiotíiEaenech m aifiech mtii^Ee^ 
icroco píj"DO naía ■olisenn, no ij' cfioj-caTi cap, ■olise'o, .i.in cuTvpoqT.cii'D j 
cicpiic in iMne iro ioriaib, -1- p'p vui'.V'cpa ac ctieboipi ín ujxna'DUi]" i no 
pin miU,miveíca o cftin,ocny nl uil qc veiclieniuin coichena; aithsin wic 
■Do cfiebuim, ocuf noco níccap, ni lupn cpebuiiii no co caijiip^an ín 
cincae. TlaiTini poji neach .1 naiTjm ■ooraeC'ooíin*int>aen'Dl*aéaié 
co nicimn ; Di^baiA T>ia eineclainn in meic jio TnbafTap Tiia cochoT'. 
Tlai'om coii,u|-a gaiTie, .i. ij'etfin'Divicuj' a vif toin, duI. ac|iebumi 
jie Tiilp in cj^oic E«ici cnit cenn In Ecrca™ tln cob sacoTOi be bonéin. 

.1. ni afoatin cixeabaijie lu an'o pii, ottif ce capjxaisceaxi 
EODaise tii hicatin nf |ig pep. metion gai'oe loti mn-oltscac, acc 
Tnnna jmil civebaijie t>o jve ■oigbatí. a laitii -oic nvir- 

PoTicjiaiv coibfe .1. imaTicfini'OMibéi ■Don ci OTi Q neiUsiceTt, amuiL 
aiTxe voTi oach, uaijt ifpOTicttai'D nittia ici|t aéclogacenbaittno a caitle. 
CS.'p, ocaic T»a actilai'D coi» .1. íica TieiTii ap aneiU.siceitcofv omniL 
anie p>l\ ech, t>o naifneitiem) in Fenechafjf' ■'■ ''><" '^P Voce|tTiaic«Ti viii 
tieéLacba. Oean VT"r cabB]x coibce .1. in cniinamm níonaiwTTil. 
I-'enTio beiit coibclie moii, -i-baiTifoehcacberaiTie,nocaÉbenT)eiH5e 
lann, .1. oixnaitim cenimpolcaaiiacenTi. Vi>lt na f cofto, .t. ctaponaif- 
cicoii a '«ilfi T)i. ttiia ace cuip, mnf in, .1. ap. 'ce cuiii ínfin ocuf 
noco Jto mTifaiECeit cin co ciiian na eoii nT.Listec. Ro fniTiiEeaD, .1. 
Tto f«maiseTj, no ito hoitT)ai5eTi a nuiian eipencoib na coit ■oa^naifnBiTiann 
in penec1iaj\ CCchc oitEajtía -1. occ na cutjt «Tisaiixto fea anuaf T>a 
naiffiBiTieiin In jrenechuf, uai(í caicTimiceTt uil« lacjxiroe, .1. achc na 
cuin uitsainÉi feo, ni T>iLef ceti ni iMn aiiiiLLin'ó t)0 pacbaiL vP' "'T^i' ^ 
TioTtP'ít napeine.i. citian. Sen aiTitLltuu .1- noco'DiUf ni tciivcena 

' /b aut oJ poverti/. In C. 3,H3. 'ualf,'a>» iltgTBeoí p.)vertv, ia distinguished 
írom 'ansbochc,' 'eitremB i)ovcrty.' 

t'EacUxh-pBrvin.' In 0. 860, 'hechLosh' i« gloMcd "'meiiTiTiBch,' > 
woman to whom ■ ' cuptial '-iireeeiil is pven, .1. tf echluts COjl inpn. >he ii 
BD 'mLIícIi' of EDgagemuitj then," ' Tll ejtT)jiech ' is the Latin 'mereiris.' 
Vide alao, C. 264. 

■ FBrbiddm cDHIrBcU. Id O'D. 426, these forbidden contiacti are uid lo ba : 

thut of tte BDU of > living father, that of B perBun iritbont propcrtf, &c. 



or TAEiHa LÁWrnL POS3ES3ioir. 



■which amouat onIy to one-tliird of what haa beeno 
ordained Ín fraudulent covenantsby the Feini. p, 

Except the covenants whlch are forbidden by the 
FeÍni, nothing is due without deserving it, for every 
property which Í3 unsafe is entitled, after nuptial 
present, to be safe according to the Brehon, except 
líi case of povertj^ or prohibition or want of lawfvl 
power. 

There >re three covennnta, Le. ilur* are Ihrtt «ho nukfl contruU men- 
tioned bj the Feiui, sud )hey da not atlain lo tlie tbÍDg which thej mgree íor, or 
aa to which thej got > cboice. It likBB f rQm the boaor-piice, Lc. it snb- 
trncle from tlie price of Ibe bonour of ths chieí who inea lor tbem, booiriiig that 
lie 'a not entitled to do bo, or it ú futiog ia excen of «biit ia legal,' i.e. the • 
proclainied peraon ; tlio tribewilloppose hiscoiitncta, i.c theaaretr ia 'urradhaa'- 
lav baring luiDwledge of tbe proclamalion ; or he btiag nithout merita ia ' cain '■ 
law, and tho dafendaiit haa not lenofcUdge thtrtof, compcnsation is to be pxid bj ths 
sarety,bnt nothingislobepaidbvthBniretrmitÍl tbogaÍlty person ÍB apprehínded. 
A coTeDanl vfith a penon prechiimtd, i.e. a covenant which ia made for 
a fu^tive nntil be pays; it lesseni his ' cric '-daim aa mucb u it >ahtracti f rom big 
wealth. A covenant witb a tbief, i.e. it Í9 iinpropriety/itroo( whobas* Irue '' 
Iinowledge lo go Bccnrity fur Ihe lawlulness of stDÍcn propertj fui a tbief nlthough 
lielaaot athiefblmself. 

The 8urety does uot bind oDjtliiiig here, and thoiigli the thief be 
apprehended, lie dooa not ]>ay to the fully unlawful middle theft 
tnan, unlesa ho has securitj for the paymeut of the emptyiiig of 
LÍB hímd to liini . 

Too grcat a nnptial prcíent io an ' tachlach'-perion,^ i.e. loo gieat 
A nnplial present bj- the peraon o/ wbom it is demanded. aa 'n load on a horie," for 
anytbÍDg giren to ber iaovermncb, except the priee of bcibead dress or cowL For 
tbere >ia two ' achlaidh ' covenantt, i.c. tliereaie twoof whum 
3ued, llUe ' a loaJuna hone,' whiih tho Fencchna mentioDi, i.e. two contia 
Bte made with 'achIach'.|Wriions. A wonian with whom the 
prcient is given, i.e. thc nnlawful conlracl, &c. A mnn wbo givai 
naptlal preBenl, Le. everysecret woman iaaharlot,ocevery womnnw 
hDthouic Is BAtTnmjiel, i.e. thereisacovenantwitbout proptrtj-L'unctrninf^ 
har dÍTorce, i.e. whenheirighti«dnetohBrbyconlrBct. For theae 
covenantB, i.e, for theae are tbe compacU whicb donot extendfaut lo oo 
Iha lawfnl contraclB. What haa beeu oidalned, Le. wbat has been 
oidained in the ecale of eitimattng covenants nf wbich the FcnecbuB trcs 
ecpt lAe eovtiítinlt whioh nto f orhidden, i.e. except the above 
contiscla wbich tbe Feuechus meotions, for lhey are all disaolvcd, i.e. ix. 
forbidden coutracls,' it ia not lawful not to have a [>arl of tbe tbÍDg desei 
eipreíBedcoQtractsaccoidingto IheFeini, i.c. oae-tbird. Withoul de 
It, l.e. notbing i^ Inwfui bI bU íor which iU full valne haa iiot been pi 



60 •Oin Ceccusot) ^ifana. 

Or TÁWXHo Iticró t?ola laiiloisi rxxxi a cetiT). CCi\ nach ctiai'oe, .1. cacti q[\cnx)i hef 
LAwpvL e|«Uin lnlalT) a coboigi caiTi ocaf ctiiiT>a|\ta. "DtisiT) tptan ctiaiioe, .1. 

I*o efl«sM o». x)ti5i'o^|4/n^^*'5*'5*'^ ^ c|vaiT)i amait if p.ia|i t)o bTwichetiialn, no amait a 
T>eTva 1n bTveichem a|i a p-eitv CCctic aaitp no nti^aitvUf .1. cabaitvc,.i- 
noiDm potv nech t^o t^icit^ pot^vóqfia, .1. naiT)m cotwf^ gaici ta 5acaiT>e. 
H o egm ach c, .1. potvctvonT) coibci pt^i hectais, aaitx naiT>m inT)ti5cectfin, 
octt|* noco nafcaic n1, .1. ati eicin, no pat t^it^ ctxenatp i mbectuaji .1. coti 
T)a |X)chonT> co ptp co ctvebaitxit no T)ono, cotv potv memtva. 

Ofcctic qii 'Don'D ncrom naifcai'Orefx la peine 'Dicean- 
^xtD a peiceamna : bean Fp.i cabafi coibche, ín'Dichlis 
feach a ctchaifi ; maT) afi 'DiceaU an ochafi, ar achaifi 
aen 'Dan ín coibche fin ; cofi fX)cefi'Dcafi feach oja 
pne oTHX cofia 'Do beirh oga ; cof\ fxiefma pocefi'Dccqi 
feoch pne ntjfinaige. CCfi cire 'Dona'Dnian'D mnfo 'Diceon- 
SUxD a feicheamna ncTDat) cofia T)o na'Dmai'Dm. 



Ctrair rtvt T)onT) naT)m, .1. rt\i naT>mcmT)a ponattpciceyv irai m 
n o ipfwown 1n venechtt|\ 'Dicean^taT), .1. T)i aca Txttttcoro» cona cen- 
^toc na rtvebtntvi na tretcheomna T>atva recoir cenT>, .1. aa pocetvT>atreT% 
vo aichbtofv. bean pt^i rabatv cotbche .u monab comcfneott no 
monabcotbdi cechca» cit> comceneotU fTlaT) afv T>iceatt, .1. imffD atv 
foch T>tchle 1n nochatv t)o necefv pn. CCtp achattvaen, .1. it*tarp tti 
achottv a oent:«t^ tn cotbéi ftn, oc«t* ^ "Oítwp tn ben xxmo 0« ci T)tacaboti> 



.1. tílcro t^o vrott\ m tti^ecm concró cqf\ 'oaijaín Twrhle cm ccrhcrfi 
•oo ^necetv tronatom a coibce •ol» cr6 ittitvtititiTif tio •oletfecro m 
rachatt^ "oon coibce, rtiillretv x^^y vo fecatb t^o Twlpb tia mtia 
twti, co tiatb cotbce comlan aim ; octif cta vo ^ne Iti beon cmnra 
tn'oletfDea cotbce no tttxt^tinntif do cotbce, m hicann ín cai:fiaiti 
ní T)e ; mtma pvtx^ imtitit^o, tn ín^ean com cqfti pxt Tmrhle vo 
0*D.42«. pt^tea, [if] xÍQOi t^í, octjf tcai'6 ín n' tx) t^me ín ctit\nccrom. 

t CotUraci <md cQvmant. la 0*D. 425 ^^acobot^i ctmnittvhx** is gioaed thns: 
" .1. ima 'otbmtvc ainipet^a no ctiebtiitve t>o caitmtttch ommt rp t^tatv T)0 
btvetchemtitn .1. m ctvian cotv mbet» oc m t^ttv ctveantrp pacal>atv m ctvian. 
Frauduleiit coDtracts as r^j^arUs iguorance or secuzitj ar» to be (i i Mo b re d at » the 
mle with the Brehoo, i.e. the third ol ti;pcew coatnfiti» iHtíi the humi who \mjn 
thethirdieleft** 



OP TAEING LAW7CL P093E8B10N. 



„ PoaoBUOir. 



tTerj" prapeit^, i.e. «v-erj propertj whieh 'it qduFb íftcr her p«rtec?t dDwer *( O» Tuuao 
ooDtrActuid covenant.' IsenlitlBd.&c.to beiare, i.e. hcr nropertv ie entillMl _'^*''"' 
to be made lecare Bccoiding (o the lenleiice of the Brebon, or u the Brehon iliaU 
•aj rcapecting it. Eicapt pavert/or prohibition, i.e. oilogiving, i.e. > 
coTeautt with one wbo knof s tbe proctamation, l.e. a covenaQt conceming ■tolcn 
propert}'. witb a thief. Ot irant of poirer, i.e, ^ving OTennucb nuptiiil 
preaent to a harlot, for that ia an unlairful covenant, and nothing rraden it bind- 
ing, i.e. by violence, or tbe bar (barriv} oí b man who purcbasea for small value, 
Le. the Cúvenant of twn lane pcrsuui Trith kQowledge and wurantf, or accordmg 
to alhert, s cOTBUant with aubjects. 

There are three covenants entered into by the 
Feini which the parties who have claims* dissolve — 
that qfa- woman to wbom a nuptial present is given, 
if concealed from her father, ( if concealed from the 
father, it Ís to the father alone this nuptial present is 
due) ; a covenant vphich is made without the hnoiv- 
ledge of the chief of a tribc, who ought to be present 
with them ; a contract of adoption ■which is made 
unknown to the petitioning tribe. For thesearo the 
bad covenants ■which the parties having claims dis- 
solve, and which are not binding. 

There BCs three coveuants, i.e. three coTBnanta then ttre wbich «re 
[aalenedjas meutioaed in the 'Fenechuji '-law. DisaolTe, i.e. ' di' is ■ negative, 
i.e. tbeBorctiiDdoaot bindthepar(Íes[urwhomtbey enter intosecurit]', i.e. although 
it miy be cait upon Ihcin aa a reproach. A woman to whom a nuptial 
proient ís gÍTcn, i.e. udIbss >ha be ol equal familj, or aalau il be a tawful 
nnptial present thuugh she may be of equitl family. If concoaled. i.e. if it 
be for the purpoge of defraudiug the fslher this is done, It is toths (atber 
aloae, Le. it ía to tha [nthei alone this nuptial present belonga, and the voroin is 
loríeited by the person by whom it is gÍTen. 

If the daughter fcnows tbat it Í8 for the sake of defrauding the 
father the coTeiuLut of her nuptial preoent ia made TÍlh her, 
wha,tever proportiuu of the nuptial presQDt the father ia eutitleil 
to, Le ia to be paid it in 'ieda' out of the woman's own lawftil 
property, until a complcte nuptiul preaent 'm made up ; and though 
the woman should commit a crime for which hor nuptial present, or 
a portion of her nuptial present ia liable, the fatlier paya no part of 
ít ; V>ut if the daughter doos not kuow that it was done for the 
purpose of defrauding, ahe ia gtiiltlesa, and the pereon who makea 
the contract of marrvige shall pay. 

■ Thc parlitj who hape elaimt. The lerm ' teiOeaiii ' means either crcditor or 
dcbtor. It is tound aÍBo in thi sease of an advocate or plcader. Here it seemi to 
nieau Ihe peisous who9C authorit/ whs DecosSBiy lo rciidei [hcso cootiacts bÍDding. 



62 Xhn ZetasTffTO Sífoaía. 

Or TAJUvo Co|i i?oce|iT>caTi |*eacti aga |Mne, .1. tn a)|i cntvcap. fech ín ogae 
lAwrvh |H|»T)an|Aie, .i.ptaictigeitpíne. CCr^a coTva t)0 beicti 050,-1. iy*oo|wi 
a ÍMtfi aoa T>enani. Cotv paey*nia .1. ín cop,cti|icatv|iipn niiac pae|*nia 
«n iplne, octt|» ní afi pei-om gaifve o geitpíne. Beoch pine fiii|vnai5e 
•1. fediin v^ne bíf oc ufvnai'De a dnax). OCti ace 'oona'oniafiT) inn|^o 
viceafi^taT), .1. uaifv ij« lac fo na naDmann pononfacefv occai ; ocni* T>e 
acawutaro, co na cengtac na c|vebiiifvi na peichemoÍHi cafv a ceooic cenD. 
TlaT>aT> cofva, .1. noco coifv a ponaiT>m. 



Leoch cacha cec coibche cacha Tnna 'Oia haga pne, 
mat) lafi negaib a achafi, TnaT) he polo a chinaiT) ; qxian 
rxm canifoe, ceachfitíinie T>on qieaff cóibche. íTlaT) 
ctinif cai'oeé co n'oeichbifie o ca fuiT>e, confoglaisceofi a 
comflechcaib peme ; ap. ica ctiic a coibce cacha tnna T)ia 
hoga pne, amail pil a cuic a nabaD baiT>pT)e. If fofi 
fonT) T)o feipT)eaii bfieaca buaín ocuf ambtiaín la 
l^eine. 



Oeach cacha cec coibche, .1. n1 beTvarv hnfo capab 'Ditii|'T>on fmiai. 
1f otfie if tugii befvaifv on mnai o mencnígcetv a tecwo, co|\ab tnsai'oi 
teiccefv Smtro a ainT>itte. "Oia h a£a pi n e, .1. T>on ogae bif T>on pne. 

.1. Tntina tnajicmn fn caichiji a tet atqfitifn on aige fíne, no 
teic lap.fvai'ó te octif tjjinai'Dfn -00 cofnchíneot, octif qfiian cínoit 
te T)o catn caé fiji ^uf a p,aéa ; ocof cit) fnínfc -00 níreap, a hti|i- 
naiT)fn |ie haen fep,, noco •Dtegaii qfiian cínóit te a(x aen feadc. 
ílíla tnaipai* ifnti|i|io in carhaip, a tet lapi'ó no teac atqfttJtn 
on ochaifi, ocuf tj|inaiT)fn T)o cotncinot ; octif qfitan cinoit te t)o 
cufn caó fip, 5Uf a paéa Tfit ; aihait aca a mbp^caiB oit^^it). 

> To tk« h«ad of <A« fr»6i. — Th« Iriah gloas maj also mean, *■ to the most períect 
penon who ia of the tribe.' 

• * TmoV'marriagé colleetum.-^*^ TVfio/* waa the coUectioa of gifts which the 
relatÍTcs and friendfl presented to the woman on her mam'age. Vide toL 2, 
page 346, n. 3. 

• But once, That is, if she waa dÍTorced and afterwards married to the same man. 
In O'D. 425, it is added that it is lawful to marry her to the MTenth person ; from 
that ont, she is considered a * gabnl baidbc.* 

« Judgments of « Evigtdh: Vid. toI. 8, pp. 88-97. 



OF TASINO LAWFCL POBSESSION. 63 

A contrBct Tbich i« made nithout Ue inati'edgc qfthe elilef afOr TAiEnto 
> tribe, Le. ths coulTaot wliich is maáe without ííí Hoaledgi o/ Ihe h™d "^«tt™- 
Df the trlbe, i.e. the 'gtilflne'-ubiof. Who ougbt to be witb tbeiD, i-e. _ 
it ie right that he shaald be at the tnalting ofit. Acontrectofedoptlon, 
Le. a cAveasnt ohich Is niDdewitli the ndopted sonof tbe tribe, sndit 1b not far ihs 
uaeol fulure muntrasnve rrom the ' geilflne '-division. Dn^Down to the peti- 
tioaiug tribe, Le. without tbe tríbe which ia petitiouiug for thepaj/netil n/'his 
crimes. For these sre tho bsd coVensnte, &c., Le. far tfaew sn tbe 
cavenants which tteing made sro ngaln diuolved; snd 'de' 1« B. negatíve, Ct. 
the inretiea do not bind tbe debtor» forwhoDi they enler into «curilj'. Whiih 
sre not blnding, i.e. it ie not Tight to faal«n tbem. 

Half of each firet nuptial present of every woman 
Ís due to the head of her tribe, if marned after the 
death of her father, if it be he that had BUstained 
{paid for) his crimes ; one-third of the second, and 
one-fourth of the third nuptial present. If she 
goes away of neces8Íty from that out, it {ihe nuptial 
present) shal! be distributed accordíng to the arrange- 
ments of the Feini; for a share of the nuptial present 
of every woman is due to tho head of her tribe, as 
he has his share ia the ' abad '-gains of a harlot. It Í8 
by thÍB the judgments of everj proper and improper 
woman are known among the Feini. 

Hslt ot each Srst nuptisl prcBont, i.e. thls Is not given nnta It is 
lawfull; dne to the wonun. The resson thst leia b tsken from the womsn 
beesnse sbe hu been put swsj f requentl; In thnt tbe qointitj o[ her csttle la left 
tower. To Ihe hesd of hor iribe, Lc. lo the hesd of thetribe.' 

If the futher is not living half the price of her fosterage is paui 
by the chief of the ti-ibe, or, according to othera, ahe ehaU brtiuf' ' í^ 
one'half príceof fost«rageln mairiagewith oneof thesametríbe,aiid 
one-third of the ' tino! '-mamage-coUection* to overy man to whom 
she goea ; and however often ahe may have been contracted to 
one mao, Ít ia not required by law thut she shouJd bring the third 
of the 'tinol '-marriage-collection with her but once.' But if the 
father ia living, her half foBterage-príca, or half the es^nse oj'/ier 
fosterage ia paid hj" the father, ia ca«e of marríage with one of " Ir. Fnm. 
equal familj ; and one-thii-d of the ' tinol '-marriflge-col]eotion ís ° ' 
brovght by her to every man to whom she goes, Jie., aa it is »ót 
forth In the judgments of 'Eidgedh." 



64 Xhfí CeécasaD 'Sirana. 

Of TAMHQ TTlax) lafi negaib a achaTVi .1. In ci if nejxxif omn ocapn» max) 
LÁWFUL i^g poto a chinaix), .1. maD he in caigi pne imptntngef a cinca. 
'T^fiian "Don cani|*T)e,.i.a|»incoibchicanai|^,.i.i|^incoit)6ecanoiy^ 
i|» •oá cp.ian no beifveaD a achaitv ann ; ocuf if aitve if ttiéa beiTvea|» 
btvataifv oI/do|* achaitv, tiaiTv i|* ttiga i|» Diétva lai|* uTvait no hlngine im 
C|viancinotT)anveifciacochtif tiaite. TÍIod ctimf'caiDeó.i.1mbaf,no 
oofvanoDatpcaTva, .1. uoitv if e cun: in maécnaigti, •oamaD CTvenahinDOich- 

I biTiitii* DO neichea in dmix^arv na aiTX^eboD tiaDpim in ctic|vtima do bervoD 

Don coibche. O ca f tiiDe, .1. o ca aipiif Dom do nloDaifin, .1. Don 
inDfcticha^ co nDeiébiTie. Conpogtai^ceap^ .1. if" caín poDeitigcetv hi 
acuma |»toinDcib1n penechai|» ima Dutif in TvoinD i|» nerpo. OItv ica 
ctiic a coibóe, .1. otv oca ctiic 1 coibói caéa mna Don ogae bi|» Don pné, 
amtntln caic oco do anDut ctii» in mnoi mbaich ca|* atiasoTV ccqfv apao; 
octi|» i|» OT» f\í\ gobaiTV, a bich do confci in oenmoDTvann TMchic, uaiTV ifOD 
f\n oca DO if in meiTVDTVig a nDut cuia a^v eian, aD meiTVDTxeó aeer^ aD 
meÍTVDTvech noD aeeann ; octif poDOit enectainni do po aicneD a coibDe- 
taéoif ina poDtaib aiti. (X ctiic, .1. do fmachc 1|» poTV |»tinD do 
peifiDOTV, .1. if TX)TV pinn caiTVifcoTV bTveto btiain ocuf ambuain na 
mban Dtigtech, ocuf ambuoin na mban mnDtigtech. buai n , .1. mcnch, 
•1. Dogban. Q!m bu ai n, .1. otc 1. DTvochban. 



OF TAK1NG LAWFUL P08SESSI0N. 65 

If after the death of her f ather, Le. in thecase of himwhoisthenext Of TAxnro 
person to t&e cAie/*thÍ8 Í8 80. If it be he that had sustained his crimes, i«^wpul 

POflSEBfilO'X 

i.e. if it be tbe head of the tribe (hat bears the weight of his crimes. One-third * * 

of the second, i.e. of the second nuptial present, it is of the second nuptial 
present her father, (/* living^ would have had two-thirds ; and a brother gets le^s 
than a father because he is less anxious to command the girl respecting the tliird of 
her 'tinor-marriage-collectioD, if her propert}' is gone from her. If she goes 
a w a 7 qfnecetiittfi i.e. by deatlf ; or is divorced ; f or the f orce of the doubt is, if it 
be without necessitj she separateA, it shall not take awaj from him the proportion of 
the nuptial present which he would get. Fromthatout,Le.asIam treating of 
this case, Le. the going awaj with nece8si(y. It shall be distributed, Le.itis 
fairly distríbuted according to the arrangements of the ' Fenechus *-law withrespect 
to its going to the nearest division. For a share of the nuptial present|Le. 
for there b a share of the nuptial present of every woman due to the head of the tribe, 
as he has a share for going to the lewd woman, to whom approach is had notwith- 
standing notice ; and from this is deríved the cuttom that he has it (a éhare) to 
the twenty-fir8t caae^ for this is his right in the com of the harlot, f or going in 
unto her by force, whether she be a harlot who sells or a harlot who does not 
sell ; and the honor-príce is divided by him according to the nature of her relatlves, 
into other diiitríbutions. II i s s h a r e , Le. of the ' smacht '-fine. It is by this 
are known, Le. it is by this the jndgments of the good and badwomen are 
passed, Le. of the lawful and unlawful women. Proper, Le. good, Le. of good 
women. Improper, Le. of bad, i.e. of bad women. 



VOL, IV, F 



bRecrcha: coinccirhcesa a:N*o«o. 



JUDGMENTS OF CO-TENANCY HERE. 



VOU IV. F 2 



bReoccha comccirhcesa ccmt)«o- 



jcDo- CiT) aji a neibenaix comaichcef ? Ctimosnaif an'Dfinj 

"SÍScsrr afi in ni if comaich gnaif caich T)ia fiaili 'oo lomfia'o 

^^* fmacca ocuf cáiche ; ajiaili if comaichcef a]\ in ni if 

ctima no vo gaib aifie fixi aichech, ocuf aiiicinT)ech ffii 

bachlac. 



bfieacha cotnaicbcef a .1. bTveitetnnuf fo bepxcfv tinitin cumaii- 
ecuf, umun aitecuf cuniaiT)e, no utnun cutnognaf , umun gnaf cumai'oe, 
.1. um an ^oéuga'ó cumafDe. 

CiT) ap. a netbenafv comaicbcef, .1. cit) afi a Tvatcefi no ap. a 
naifneiT)ce|i in caitecbuf cumaiT>e. Cumagnaif anT>f in.i. gnatuga'ó 
cumaiT>e annpn. CCfi in ni i|* comaicb giiaif caicli T)ia fvaiti .1. a|\ 
if commait gnatuéa'D cáió T>ib |ve céili. Smacca.i. naméicb. Cúicbe 
.1. 1n v^cccb T>uine caite .1. muna nT)enca]\ j;© T^lijéec in comaitce|* 
OCTvaili if comaicbcef .1. gne eile if aiéecbu|> cumaiT>e. CCtv in ni 
if cuma no t>o ^aib .1. aTi 1n pa6 iTpcomméixx, no i^^ cucTvuma T)lesuTV 
T)on aiTve HT^ai'ó fíULta a gabait Tvif m aiTie gp.ai'o peine, ocuf aiTvan- 
oecb na alli a gabait Tve baélacb if in cill. 



Caiii, — can foíibeiji coimaichcef ? CCil comajibtif. 
Cia cjiuchfaije? ConjxanT^ac comajiba cecamuf a |ianT)a 
ocuf a fealba, ocuf impen cach T)ib ffii ajiaile, ocuf 
T)o beifi cach T)ib T^iguin T)ia ]iaile. 



CaiTv. — can poTvbeiiv coimaicbcef, .1. comaiTvcim canaf a poiTvbTve 
in caiteéuT* cumai'óe. CCil com aTibu|», .1. ap in caoin oTibu uaif, a^* in 
peaTiann. Cia CTtucbpaige, .1. cia gne pi'óe. Con|ianT)ac comaTvba, 
.1. ip caoin UTVTVcmnaitx na coimécai'óe oTvbu m v^Uann T)on cécna bamu|* 
tium aivneip no inniT*in T)e. CC TvanT)a, .1. citv nT)ibui'ó. CC |*eatba, 
.i.V<^Tvann ocbaTt ocut* T^nacbuTV. Imven cacbT)ib VT^i aTvaite, .1. 
T)ibi naij^i'ótt céiti. T)o bei^v cacb T)ib THfiuin, .1. gett T)a fCTveapatt 
Tvo comattin comaiéceTXi, .1. T)i yo T)iutrtt'n, roiiítcb ]\oic cin inx^iti caicb 
T)o cum a ceiti. 

i Airchinnech. — The steward of the church landA, or thc orclesiastical holder of 
tbe church lands. He was a lavman, but had primam tonturam. 



JUDGMENTS OF CO-TENANCY HERR 



WiiY is co-tenancy so called ? That is equal customs Jurxi- 
(' cumagnais '), because the customs are equally good c^tes' 
for all reciprocally to levy ' smacht'-fines and penal- 
ties ; or, otlierwise, it is co-tenancy, because it afíects 
the chief equally('cuma')withtheplebeian (^aithech'), 
and the * airchinnech ' ^ the same as the shepherd. 

Jadgments of co-tenancj, i.c these are judgments thatarepaued con- 
cerning the common tenanc^, conccming the holding in common, or conceming 
the common custom, the common usage, i.e. concerning the common custom q/ 
holding land, 

Why is co-tenanc7 so called? i.e. why b the holding in common 8o 
called or denominated. Equal customs, i.e. that is common usage. Be- 
cause the customs are equally good for all, i.e. because the usage 
is equally good Ccommaith*) for all reclprocall^. ^Smacht'-fines, i.e. the 
sacks. Penalties, Le. the fíne for man-trespass, i.e. which are impatedf unless 
the common custom (' comaithces ') is lawf ully observed. Or, otherwise it is 
co-tenancy, Le. another reason whtfitisto calUdis^ it is a common holding. 
Because it affects,&c., Le. for the reason that it is in an equal degree, 
er in the same proportion that the chief of lordly grade and the chief of the Feini 
grade are bound to receive it, and the ' airchinnech ' of the church is to receive it 
the same as a shepherd in the church. 

Question — Whence does co:tenancy arise ? — From 
several heirs. In what manner is this ? — The heirs, 
in the first place, partition their shares and their 
possessions, and each of them guards against the 
other, and each of them gives a pledge of indemnifi- 
cation to the other. 

Question — ^Whence does co-tenancy arise? Le. I ask whence 
does the common custom arise? — From several heirs, i.e. f rom the noble 
heirs Mcreasing on the land. In what manner is this? Le. in what way 
is this ? — ^T heheirs partition, Le. the landholders f airl^ divide the land 
in the first place, of which I shall relatc or telL Their shares, i.e. their 
*dibadhMand. Their possessions, Le. the father's or the grand-father's 
lands. Each of them guards against the other, Le. each of them 
against the other. Each of them gives a p^e J^e oy* indemnif ication, 
Le. a pledge of two * screpalls' to observe the law o/*the co-tenancy ; i e. * di * is a 
negative, that thejine/or the injury done by the cattle of each would not fall upun 
the other.* 

> To tht other, — There seems to be somc enror or defect in the MS. here. 



70 bfieocha Comaichcef a CCnT)fo. 

^^Q^ Caifi — CiT) 'OOFeu a comaicer ? ^ofez jixxxw ime. 
^^**"™- Cach ime co na fmaccaib, cach caiíisiHi cona caiche ; 
— * a|i 1 mbiac fmacca ni bioc caiche ; i mbiac caiche ni 
bictc fmaéca. Im'Oingaib nai'om naefaib. 



Cai|V — CiT> T>opec a coTnaice|», .t. comaiTicim cix) i|» fiemteécaóh 
ipn aitechnf cnmotroe. "Oopec tianT) ime, .1. if xiemceécoisi'ó tmm 
YioinninpeYuiinT>naimeT)OT>enomi. Cach ime co na f maócatb, .i.cac 
ime pij^ in n1 fmacc€n5*e|v aga T)enam, .1. fiamu |:|\i ctaif , |H)c nii cotvaiT), 
biait pp,i T>i]iTvime, YMT>ba pfvi tretma. Cach caiTvgilli cona caiche, 
.1. na mei£ .1. ca£ gell roip.itnech no in ptaó T>uine caite. Cona caiche 
.1. getl T>a fcfvepatt. GCfv 1 mbiac ^Tmaéca ni biac caiche, .i. 1n 
tiaiTV biapinl fmaócai56eTV ann, 1n Tvaihu ocuf 1n |X)c pT^i cotvoit), noóa bio^ 
1ni T>o beTvaTV if na ancaib .1. na meié no in |:iach T>uine caióe. 1 m bi ac 
caiche ni biac fmaóca, .1. 1n uaifv bec na meió no 1n piaé T>uine- 
chaite noóa bia^ m Tvomo^ pT^i ctaif ocuf^ in |X)c pp.i coTia'ó. 1 mT^ingai b 
naiT>m naej^aib, .1. }f eim T>in5baicheTVT>0TveiTvnuapeafa conaé naiT>m 
nafconTve uit Tve comatúró 1n comaitcefa, aéc ma geatt. 



Caifx — CoDencafi coimaicef ? CCníian'0ca|i aile a|\ 
cfieifi; injaibcafi aite ime 'oia ctficci; imfoficin'ocafi 
aile 'Oia 'oechmai'Oe ; incomallrafi 05 ime 'oia mif. 



CaiTv — CoT>encaTV comaicef, .1. coiíiaifcim annuf T)o nfchsTV in 
ccntecuf cumaiT)e. CCnTvanT)caTv aite ap. ctvoit"©» •!• fT^T^aTincaTVín 
peaTVonn umant^encaTV in caite aTVCTiéifi. IngaibcaTV aite ime T>ia 
cu 1 cc 1, .1. gabuTvaite T)OT)enam 1 poTibu cúicti úime, ocuf T)a tá T)óibTie buam 
T^eu'óa- lnipoTvcinT>caiv aite T)ia T)echmaiT)e, .1. víf^ci^'oceTv im 
nocc aite T)ó coTvacc 1 poívbu T)ecmaide, cinmóca in cÍTVT^fiaisin. Inco- 
mattcaTV o?; ime T)ia mifi i- coniUintdcrrTi in íme comtan t,ocoTiac- 
cain a ]?oTxbu 1n nilp. 



^ PleJge, — *Targille' bcre sigiiitiw a i»lc(lge oí two *screpalb* lodged tvith a 
neighbour íor tlic pu}'ment of duniagcs. 

« Cimpltted in a month, — Dr. O'DonoTan has nade the íolIowii)g rcinarlc on thia 
point : — ** Thc language is herc verv rude and uneatisfactorv. It could le im- 



MEzm or 

AMCT. 

Ir. WUh. 



JUDGMBNTS OF 00-TBNANOY HERK. 71 

Question — ^What is the first thing in the co- Jtoo- 
tenancy? — The division precedes fences. Every co-nN- 
fence is liable to* legal conditions; every pledge^ to """ 
damages ; where the requisites commanded by law 
are ohserved there are no penalties; where there 
are fines, the things commanded by law are not 06- 
served. The new custom avoids security. 

Question — What is the first thing, i.e. laslcwhat comes forenMwt in 
the common co-tenanc7 ? — The divition precedes íences, i.e. I deem it 
foremoet that the division of the land should be made before the fences. Everj 
fence, is liable to legal conditions, i.e« everj'fenceshouldbemade by 
what the law commands» ie. a spade for mahing a trench, a bar for a stone 
fence, ahatchet for a strong fence, a bilIhook for a ' fehna ^-fence. £yery 
pledge to damages, i.e. the sacli!}, everj relieving pledge, or the fine for 
man-trespass. To damages, a pledge of two *screpalls.' Where the 
requisites commandcd hj law are ohserved^ i.e. where the thing 
commanded is observed, i.e. the spade for a trench, and the bar for a stone wall, 
the things to be paid in for the faults are not to be given, i.e. the sacks or the fines 
for man-trespass. Where there are fínes the things commanded by 
laware not observed, i.e. when the sacks or the penalties for man-tres-> 
pass are dve, the spade has not been brouffht f or mahing the trench, and the bar 
for the stone-fence. The new custom, Le.it is well avoided by {according 
to^ new knowledge that it b not the warranty of a suret^ that b given to obflerre 
the co-tenancy law, but a pledge. 

Qucstion — How is a co-tenancy made ? — It is di- 
vided in three days for the stakes; the fencing is 
begun in five days ; the fence is finished in ten days; 
the perfect fence is completed in a month.* 

Question — How is a co-tenancy made, ie. I ask howis the common 
tenancy made? — Itis divided in three day8, le. the land on which the 
stake (^palisade) fence is to be made is dividcd in three days. The fencing 
is begun in five days, i.c thefenceiscommencedto bemadeattheendof fíve 
tlay8,andtwodaysareaUovedtothemtocutitswood. The fence is finished 
in tcn days, i.e, it is truly fínished as to its reaching ihe condition ofa. nakcd 
palisading at the end of ten days, excepting tbe blackthom crest at top. T li c 
perfect fence is completed in a month, i.c the completc fence :s 
brought to its completion at the expirati<.>n of the mooth. 

proved thns: Quaere — How is a farm of common occupancy formed? — In threc dayá 
the land is marked out for fencing. The fendng must be commenced in fíve days 
(of which two day8 are allowed fur cutting the timber). In ten day8 the fcnces 
must be set up and fínished, with the cxception of tbe blackthorn crest at top, wliich 
must be completed a mouth after the work has been commenced." 



72 bfieocha Comairlicefa CCTiT)fO. 

wmov ^^r* — CoD^ccc fmachcaiíneocuf cotnaicefa? Smachca 
^^<>^™- ime, ftama ffii claif, foc nii coíiaiT), biait fíii T)aiíiime, 
fi'Oba'D fíii fetmaT). T)aiíic cacha qieifi naDimcoiíi 
fiain'oe \\jo feota faifi. Ceich|ie ime vo cuifin : ctaif 
cofia, 'Dtiip.ime, fetmaD. CC|iaite, if 'oaitic cacha qieip 
fiaDimcoi|i |uxinT)e fp,i cach nime. 



AVCT. 



Caift— CaT>iac f fnachcaime?.i. coTnaiticitncorDiacTiaiietefmaóc- 
aigéefvac'DenaniTiahlmeif in aitechuf^cumai'óe. Smachca ime, .1. i|^e 
n1 fmadcaigftefi acn ac t^entim na híme. Pi'oba'o pp.i pelmaT)! .1. 
* n^if in |Mt maiti nii|» in nochcaile. Peif octi|* aiTvtimanT>a co catvac- 
cain lafv maiT^ini octif t%i 1 tó ocnf fiiiifiiu ai'óci, piac peip inT>cib 
«iti, aifitim tai ocaf Tvtnfiiu tai, octif caifvfce ai'óói, ocaf^ aifvtim aii&ói,tet 
pach peip inT>cib niti. 'Daific cachacfieifi naT>imcoi|v |iainT>e 
t^o peota pai ti, .1. T>aiTi,c caéa ctveip |io metaf aiti, mtmtib 1 1n hne 
if eim coiTi T>ó T>o tiinne tim a t\oinn. Ceichfve ime t>o ctiiff^in, .1. 
ceittie htme T>ifcnai5cheTi no éaTVfittifctiTi. Ctai f , cotia, .1. ctaif no 
cap.ti íf in noóúmachaiTve. T)tiiTtime» .i. \f in óaitt, .1. nocconte, no if in 
teé moG&aiTve. 



íTlcrD feD a "oeifi an fefi amtiié, if ctjaitte céccincach, ocuf 
ife'ó a 'oeifi aTi fefi catt tií -oeTxna cin iT^ifi, if Tiech 'oia mbi tog 

^ * FeW'treipats, Le. the l}'ing down of a beast in a field after being filled to 
Mtiety. Thb was a definite trespaii. AU thiii is apparentlj misplaced. For 
definitions of trespasses, vide pp. 124, 12G. 
.!• ■ *i?irtW« '-/rejrpoíí, i.e. paashig over fields. See p. 124, et seq., infra, 

* The manoutside^ Le, the suer or plaintifP. Dr. O'Donovan reniarks here, " It 
is ver^r difficult to express these ideas neatl^r in English. The foUowing niay con- 
Tey to the English reader a fair idea of the meauing : — 

** If the sucr sajs. * This staUe has injured my Ueast imce ; it id unlawfully con- 



JUDGMENTS OF CO-TENANCY HERE. 73 

Question — What arc tlio requisitcs comnianded by jitik3- 
law'of fences and co-tenancy ? — The requisites for the "c^]^!! 
fences are a spade for maJdng a trench, a bar for a ^^' 
stone wall, a hatchet for a strong fence, a billhook .^^^^^j^^v 
for a ' felmadh '-fenco. A ' dairt '-heifer is ihejine for fi*^- 
every three days that he {the co-tenant) has neglected 
to make the proper portion which had fallen to him. 
There are four Jdnds of fences which might be re- 
quired — a trench, a stone wall, astrong fence, a 'fel- 
madh '-fence ; or else, according to others, it {thejine) 
is a ' dairt '-heifer for every three days during which 
he {thejoint tenant), has not made the proper portion 
of every fence. 

Question — What are the requisites commanded by law of 
fences? ie. I ask what are the things which are commanded for making the 
hedge in thc common usage. The requisites commanded for the 
f ences, i.e. it is the thing which is peremptorily ordered for making the fence. 
AbiIIhook for a *feimadh '-fence, i.e. for mail:in^ the good fence('fal 
maith *), í.e. for the naked fence. (' Feis '-trespass ^ and leaping orer fences, so 
tbat they are caught in the momiug and Iving in the day, 'niiriu'-trespast* 
by night, and tho íine for * feis *-trespass ii paid for them all ; asto^ airlim '-trespass 
by day and * niiriu '-trespaas by day and * tairsce '-trespass by night and • airlim *- 
trespass by night, half the íine for * fcis '-trespass is due for then^ all.) A * d a i r t *- 
heifer for every three dayB during which he has neglected 
to make the proper portion, &c., i.e. a 'dairt'-heifer for eYery three 
dayB that he fails, if it be not the fence which is truly right for him he faas made 
upon his division. Four fences which might be required, i.e. four 
kindé q/* fences are prescribed or required. A trench, a stone wall, i.e. a 
trench or wall on the bare plain. A strong fence i.e. in the wood, l.e« 
a naked fence, or in the haM-cUared plain. 

If what the man outside' says Ls, it is a stake of first fault, and 
what the man within says is, it is not in fault at all; the com- 

strncted, and I demand satisfaction for the injury,' and if the defendant denies 
that his 8take is unlawfuliy formed or fixed, or that it could have done any injury 
unleas unlawfully meddled with, then any person who has sufficient honour- 
price to qualify him may settle the disputc, and decide the satisfaction to be made 
for the fírst injnry done by the unlawf ul stake, or declarc that thc stake is lawful, 
and that no injnry has occurred by means of it. 

*' If the suer 8ays, * The stake is unlawfully made and fixed, and has now in- 
jured my bcast for thc second time, or the thU'd time,' and the defendant replies, 



74 bfiecccha Comatchcefa CCTiT)ro. 

JuDo. ^^x\ech an aictisin no biat ua'óa itia céx: cinaiT) ; cona 'oenna cin 
Co-Tiar- inP', iflan 'oo. 

AirCT. 

TnoD fe'ó a 'Dei|i an pejx amui§, if cuaille T)eanT:ac no qxecin- 
cadi be, ocuf a 'oc\\\ m fefi rallif cuaillecéccint:ac,if teirti fift 
no lan pfi -00 fcufx lec •Difxe no lan v\]\e •oe ; ocuf aichgin nccb 
ína céc cmai'ó, ocuf noca ^aban'osfiemi nne T>ibcafx eif •ouifiinie, 
uaifi línoT) T)uillebu|i m claif , ocuf bfiifiT) qfiainT) an cofio*. 

Cínra vo niaT) na cerjia ín cém betafx ca fai|\cfin, let a nibia 
ina naifilim ifet biaf ma caififa, if é aifiec ceii: m fiicb co fiui^i 
qxí T)aifici, aniail aca ftnaccaib. 



CCivaile, if •oaifvc cacba civeifi naDimcoifi fvaiTiT>e f|\i 
cach nimG, .1. gne eile, .1. if 'oaiTvc afv cach cfieip, munab 1 in fiomDif 
eim ccifi -00 "00 Tviéno "oimiD. 

CiT) fxroa co fio gabui'ó T)Uine T)o laini cinT)facain a coT)a T)o 
T>enani T)on connaiéef, nocha nfnnl finacc faifi muna T)efina 
fogail, ocuf T)a nT)efina, ica eifiic a fx^gla. ^ebuf imufifxo, an 
T)uine T)o laim cinnfacam a coT)a T)on comaicef t)o T)enam, arú 
fmacc faifi, .1. T)aific caca cfteifi, muna camic ; no ce tomij, 
muna T)efina íme; no ce vo fiinT)i, muna be a fiomn boT)em fio 
imifcafi ; no cit) hi a fuxnT) boT)ein fxo imefcofi, munab í ín íme if 
coifx fio nnefcafi ; no cit) hi m íme if coifx vo fiínT)e íme, ma fio 
cuifiefra^i fen aili ocuf fen ai^\be'ó co cabai^ir ríícba-ó fimi. 
Ocuf ín ) macr f in v\c zo co cenx) iníf , ocuf can ní tjic o fin 
amach co ceiiT) nnf aili. Ocuf^ geull va f^fic-pall ó cac comai'o- 
cech a]\ T^elgain ci§i a ceili fo cofaib a í.epca f\e comaUa'ó 
T^liJcD an comaiccef a ; ocuf cín co conmille, noco nc an gcall 
fin cuicif anD, acc an fmacc a T)ub|\amuTi ^xoinainT), no meich. 



* No, this is thc úni instance that it hns caascd anv injury,' tho neighboors will 
then decide by compurgatiou, which has the truth on hi8 side. If thcv dccidr in 
favour of the defcndant, he shall niakc corapensation for thc first injurj' which ;•« 
techmcally called the úrst crimc of thc stake. 

'* Fines tlo not lic for injuries il«)iie by aiiy of thc other fences from the firm or 
close wooden fcnce up, ' bccnus'.\' says tl;e comnicntutor, ' the foli;íí,o CIls tho 
trench, and the trees brcak thc ^tonc walL' " 



JUDGMENTS OF C0-TENANOY HBRB. 75 

pensation that is obtained from Iiim for its first fault is for one Judg- 
that has honor-price to decide '^ if no fault at all has been commit- ments or 
ted, he is freefrani hlame. anct. 

If what the man outside says is, " it is a stake of two faults 

or three faults," and the man within says, " it is a stake of first 
fault," it is half proof or fidl proof that removes half ' dii'e '-fine 
or full * dire '-fine from him ; and compensation ia ohtained from 
him for its first fault, and none of these fences, from the strong 
fence out, takes hold {claims damcu/es), for foliage fills the trench, 
and trees break the stone wall. 

Aa tp the trespasses which the cattle commit while they aro 
seen, half of iAiSitJine which lies for their ' airlim '-ti^pass shall be 
for their * tairsci '-trespass, and the extent of its increase is to three 
* dairt '-heifers, as it is in other * smacht '-fines. 

Or else, it is a 'dairt'-heif er íor eycry three day8 during 
which he has not made the proper portion of every fence, i.e. 
another version, i.e. it is a ^ dairt '-heifer for everj three day8, unleni it be the 
division that is right for him, he has made of the feuce. 

However long a person may have delayed taking in hand to 

commence the perfonning of his sharo of the co-tenaucy duties, there 

is no *smacht'-fine upon him unless trespass hasbeen committed,but 

if it has been committed, he shall i)ay the * eric '-fine of the trespaas. 

But, from the time that the man has taken in hand to begin to do 

his share of the co-tenancy duties, he is liable to * smacht *-fine, 

i.e. a * dairt '-heifer for every three days of d^lay, imless he has 

come ; or, though he has come, if he has not made a fence ; or 

though he has made it, unless it be his own portion he has fenced ; 

or though it be his own share he has fenced, unlcss lie has made 

the proper kind of fence ; or though it be tho proper fence he has 

made upon it, if he has put up old stakcs or old jwjles, trusting 

to them foT a fence. And he shall pay* this * smacht *-fine to • Ir. Payi, 

the end of a month, but shall pay nothing afterwards till the expira- 

tion of another month. And each co-tenant ' shall place a plcdge of 

ihe value oftwo * screpalls ' on one of the rack-pins of each other's 

houses at the feet of the bed aa securiti/ for the fulfilment of the 

duties q/'co-tenancy ; and though he should not fulfil them, this is 

not the pledge that shall be forfeited for it, but the^smacht'-fine 

which we have mentioned beforc, or sacks, or fines for man- 



I To iJtclde, — Thcre is some defect in the MS. here. 

' Co-ifmnt^ * comai'ótccb ' means also co-tiller, or co-grazier, or co-occnpant. 



76 bfieorha Comatchcera CCn'oro. 

JlThj- no pach .T)umeca!dio \:o aiciie'D tia i:oj;ta, nia ]\o \:(íy v^>:5ail cmn, 
Cu-Tex- Ocuf if laT) aifitn bif acu ac T)enani a cora 'oon coniaicéf no an 
A3ICT. ime, ixafha ffii claif , f oc f^ii co|\ai'ó, biail f]ii 'ouiixiine, pT)ba ffii 
felma. Ocuf a|inac caicli T)ib a lann a ceili if in ai'óce, co f.o 
cunini§i í.eif nacrain afi niaiT)in t)o T^enani a cora T)on comai- 
cbccf ; ocuf in n na nucfa iflan a o^xnac T)o caidicm, ocuf T)ia 
caicre^x a^mac neicb, aua pac foini^iinie ua'o. Ocuf if e coi^i 
T)enma na cla^xxc r|\í ciioijti ina leúec la^x nuacuap., ocuf T)a 
qxoig afi me'óon, ocuf cftoi^ lap, niccafi, ocuf rfii rftoi§ci ina 
cafiT)be, ocuf cfil qioi^i a letec an muifx cu|icafi aifn lap, 
niccaft, ocuf T)a qxoig ap, mef)on, ocuf rfioig lafi nuaccafi, ocuf 
cfii cfioigci in ai|iT)i in muiíi, cona'o f é ciioigce in ai|iT)i na clafach 
fain ocuf in aifiT>e in muifi af a cinT). 



Ii7 cofia imufifio, Cfvi cp.oite inu lecctc lafi niccofi, ocuf T)a 
Cfioig aft meo'óan, ocuf cfioij lafx nuaccap,, ocuf fé cfioigci ina 
hai|iT)i. 

In T)aipime imufip.o, if amlu-d T)lecap. a T)enum fi-de ; bofifx in 
qioinT) afx bufi in cfioinT) eile, ocuf cona cifa in cafic bec cfiici 
ap. 'óluici, na m T)am cap,aif ap. aip,T)i. 

Inoccaili if amla T)lecap. ifi'óe; cftoij co nT)il nop,T)on icifi 
^aó T)a cuaille, ocuf fe cftoigci ina haifXT)e, no T)aT)Oftn T)éc, maT)0 
T)Ofinuib coimifcaft ; if cfti bunchuip, faifi, bunchufx faip lOfi 
niccafi, ocuf afieile afi mei6on, ocuf afiaile laft nuaccaft, ocuf cr6 
icifx gach T)a bunchufi ; ocuf T)0finn f oc ín chuaiUe o fean amuin, 
ocuf ap, T)p,oi5en faip. lap. nuaccafx; ocuf qií beíminT)a a ceanT) 
gacha cuaille coniap, na f ú'óa a|\ cúf amail conicqpa. 



Incróai nT)lecafX naimcT) fin .1. ctaif no coficró if in machoifie, 
ocuf noccaileif in letmachaifte, ocuf T)aiy\imeif in caill. Ocuf 
cucfiuma 1 naip.T)i uile. 

1 Hii viduaU. — ^The word * ap.nac/ here translatcd, * victuals,' occtirs under the 
forms * eaiianach/ * e|ianach,' and * en-nac» In a paragraph on co-tenancy, in 
the "Fuinsruth Fithil," (O'D. 1556), where it i» added, that if a man's •epiiac* 
be used *' he is not entitled to compcnsation, nor to a fine for over uae." The term 
may mean the metal implemcnts cach co-tcnant was obliged to have for the 
work of fcncing. As a term for thc ploughshare and coulter together, it la still a 
living word in the south of Ireland. 



JPDaMENTS OS- CO-TENANCY HERE. 



77 



tresijasa, iicoOTdiijg to the imture of tlie 
hae tufcen place tlierefrom, Aud tlie impleiQeijts whicb they ^í^l^j^' 
ahall have in mafcing their aliaroa of the eo-tcnaiicy viork, or akct. 
of the fence, are a spa<le for a trench, a har for a atono wal], a 
hatchet for a atrongfencc, (it^íÍ abillhookfora 'felma'-heilge, And 
each of them shall give liia victuala' into the lumd of the other 
at oight, tliat he niay remember to come in the moming to tlo hia 
ahare of the co-tenaucy work; ancl the victuals of the person that 
will not come may be Bafely used, and if the victuals of anj of thcm 
beused, he shall pay fine for over-use. And thetruo moUÍDg of the 
ti'ench is three feet in ita breadth at tbe top, and two fect in tlie 
middle, and one foot at the bottom, nnd tliree feet in ita depth, aad 
thi'ee feet the thickneB8 of the niounit which ia ptaced over it, at 
the bottom, ond two feet in tho midille, and one foot at the top, 
ond three feet tfae height of the mouud, so thut tho depth of thut 
trench and the height of the woll over it make' six feet, ' ''■ ^"- 

Now as lo the atone fence, ihtTe ara threo feet io ita thick- 
nesa at tbe bottom, aud two feet in the middle, and a foot at the 
top, and edx feet in its hsight. 

But as to the cIoBo-fence, it is tlius it Bbould be made : the top 
of the one tree ghaU be oa the trunk of the other tree, and so as 
that the smallest suckling ]>ig'' could not pass tbrough it for ite ' it. Tht 
closeuess, nor the ox pass ovei' it for ita height, íiiilij»s. 

The naked fence should be thua maile : tíie hagtii. of a foot to the 
articulation (ur separalion.) of the big toe is to be between every two 
stakes, and six feet in ita height, or twclve hands, if it be 
mpasured by hands ; and Uiree bands of interwoven twigs' upon it, a 
bond OQ it at the bottom, auother in the middle, and another at the 
top, and a cerlain space l>etween every two bands ; and a hand iu the 
lengtfa of the pole (íAe {nlerweaving) from that out,* aad a bluck- 
thom creat upon it at tfae top ; ond ovcry atako should be ílattcned 
at top by thi'ee blowa strack ou ita head, after being fírst thrtist by 
Ihe hand <m ílte grcntnd as well tu you con. 

Tbe places where these fecces should be are thu», i.e. a trench 
or a stoae wall in tho plain, and tho naked fence in the half-ptaio, 
and the close fence in the wood. And the height of them all is equal. 

*Bimdt <j/i iiffTwona taigt. — ' t)uT)choiv' literallv', 'biitt-Mttiug,* meaui a liaait 
ot DxicrH inlerwuven bctne«n (he 9tHDitari!i ur Bloliea. 

* For 'Qiniiin ' bere wbioli seem» Co malie na scn»!, Di. O'Doaorui conjecturpil 
' oniinn.' ind traDalated accardÍDgly. Professor O'Currf trBii.i1alcil " □ rean 



l h»»"aíiniiii 



'aboTc tb« wlckerwQrk." Tbe US. BiwUaHU, 4S7, iú. M a, ooL S, 



78 bfieocha Comaichcefa CCn'OfO. 

mrnSof 'Smachca toiíisiHi cach pain inft famtio* ociif 
co-tbn- ectiíifcafiaT) octif caomracc ; actirTii cuma commciasaic 
— ocuf erap.fcaíiar, |ianT)ra|i t>otio in btia'oain i n'oe fíii 
fmachca, a|i ni copnaiL fmacca cacha fiaiche, annfom 
a fmachca saimftiacca octif eiftfiach gfiic, aji iffiuiche 
beo bechu coficha. T^íieiT)ib miach micefi cach neche- 
main, miach i nachlumpaifie, lecmtach ffii monai ap. 
atíilim ; befia T)e T)aíicai5 ap, feif, afi if feif cach tije 
caé cafiíiaiT)e, aifitim acc na T)eitfec nac caficai'&e, acc 
caficaiT)e anT) lap. nai'oe. 



dmaéca caiixsitti cach |vaiti, .1. in nifmaéccnjjtet^caticenn tio 
nj!;etlcoi|iitneé'cach|iait©. lci|v |*ani|ia'6,.Mn exiic &ciifi|^cafiaT> 
.1. ini ectitv|x;a|\ti|* p.it*in i;eíni|ie •oon etvixach. Caomcaéi?, .i.inl Xnf* 
ina choimi'oechc T>e. Hi cama conimciagaic octi|^ ecatxfcatxac.i* 
achc n1 ctiTTXtima íni bif^ acoimiT>eéc in i;eimtiiT> "oon erxTiach ocii|«1ni emt^- 
t^xttitif 1\if T>e. Han'ocaTv T>ono in btiaT>ain, .1. iiTVTvanncat\T>onoin 
bltaT>ain a|\ t>ó t^e hic fmacca. CCt\ ni cof mait fmaéca cacha 
|\aiche, .1. tiai|\ noéa copnait 1n1 fmaccaigéeti anT> 1n cach t^^nte. 
CCnnfom a fniachca i;aimpnaóca,.i. if t>o na netib if* wmfa no i|» 
onnfaann in1 f^'írccíns^í'T^ a puacc in sehntie. &it\t\ach gt^it, .1 
in tiaiT\ bif cfiit a|\ nahinnitib if in et\t\ach. CCt\ if|\tiiche beo 
bechti .1. ai\ if aaifle in1 t>o beiti beota t>o na bnaib ipn gdinnt^e na 



1 £rery «p»arier, — Upon thU Dr. O'Donovan obserws: — **A litend tnnslatáQa 
of thU paange eould not be imderstood hx an EBgUah reader.** Tlie íoilowUig U 
»iibinitted aa the cloae»t that conld he considered intelligible : — 

** ReUeTÍag pledges are ordainevl for everr qoarter of the vear, both in «""^r»»— • 
and in the parta sepanited from or added to it, but the$e parta are not cq;aál, for 
the ye«r U dÍTided in tvoregnUtions íor the ^smacht^-regulatioiia el eraij q|wrtar 
r.re not aliie. The ^smacht'-n'^Utian» of the winter, and tha cold poriiom el 
5pring are more difficnlt, for firti^ food U moiv noble than fniít. 

^Three 8acks are ewtimatwl as iA«/Em for trespaaatng <mi all lich laad, halí andL 
for pastared Und, and half a aack for a monntaÍB. 

*'Two*dairt*-h«ifcrsareadjndgedfor lyingdowBailiglwf n/>>r jiMÍ^,foremT 



JUDGMENTS OF CO-TENANCY IIERE. 79 

Additional pledffes for ' smacht '-fines are pavable ^^^^ 
every quartei^ of a yoar, both in sumnier and in Co-ten- 
the parts of autumn and spring^ subtracted from or — 
added* to winter; but the parts added and subtracted • ir. Sepn- 
are not equal, jor the year is divided mto two <,oí»m|wiií- 
parts* for regulatimj 'sniacht '-fines, for the * smacht '- ^"^' 
fines of each quarter are not alike, hecause it is diffi- 
cult to regulate the * smacht '-fines of the winter 
season, and of the spring cold,^ for saved provisions 
are more precious than growing grass. Threo sacks 
are estimated for damage committed hy trespass in 
cornland, a sack in pastured land, half a sack in a 
mountain field ; two ' dairt '-heifers for * feis '-trespass, 
for every lying down is called * feis '-trespass when 
detected ; every detection is ' airlim '-trespass if they 
(the cattle) have not lain down, but detection therein 
after a night. 

Additional plcdges for ' smacht'-fines cyery quarter, i.e. the 
thlng which is ordained for the relieving plcdges eyery qoarterof a year. In 
summer, i.e. the ^eric'-íine. Subtracted, i.e. tho part of the spring which 
ÍH detached from winter. Added to, i.e. tliat part of it which accompanies it 
])ut the parts added and separated are not equal, i.e but the part 
of spring which is added to the winter, and the part which is subtracted from it 
are not equaL For the jear is diyided, i.c thc ycar is divided into two 
pnrts for the regulatiimof pajment of ^smacht'-fines. For the 'smacht'- 
finos of eyery quarter are not alikc, i.e. for tho thing ordained by law 
in each quarter Í8 not a]ikc It is difficult to regulaie the *smacht*- 
finesof the winter s'cuson, i.c the thing commanded to be givcn as fines 
during the cold of the winter is among the difficult things of law. Spring-cold,*bli.. s/íivcr- 
Lc when the cattle are shivering in the spring. For savodprovÍBÍont are if^. 
ni r e p r e c i o u s, i.c for more noble is the thing which gives food to the cows 

lying down wh'en detected is a * feis '-trespass. It is an *nír1im '-tre^pass if tboy 
<!id not lic down. No fine for 1ying-down lies for any detectioii, except their being 
caught in the moming.** 

* Thegear w divided into txcopartt. — According to C. 23, thc year was diyidcd 
iiito two unequal parts. The *• Samfucht,* or warm seation, comprises five monthR, 
viz., tho last month of spring, the three months of summer, and the first month 
of autumn ; and the * Gamf ucht ' comprised seven months, yiz., the two last 
months of autumn, the three months of winter, and the two first monttis of spring. 

* Spring cold. — ^That is, dnring Febmaij and March, which wero considercd a 
part of the winter. See p. 89, infra. 



MDmor 
Co-Tiof- 

AXCT. 



80 bp^eocha Cofnaiclicera (Xn'Ojx). 

JoDo- in1 TH) beifi cofm 'oóib ipo c|HXfnTia'á r^fiei'oib miach fnicefi 
cach nechemain, .1. cfiei'De x>o miachaib if^ he ní meipemnaigtep. 
1 pei|* octi|» 1n aip,tim T>i5uin peoi|i etam. TTliach 1 nachtampaiTie, .i- 
p6i|« attumpiiiTve peoifi etamuín cfHxm|vaca. Let miach pfii monai» 
.1. 1 naiTitim attttmpui)xe mona 5eimp,eca pe 'oiguin mona |HimTiaca. 
bep,a -00 'Dap.cai^ ajx v^^f» •'• bpeifemnaiscep "oe 'Daixcaig x>a 
|«|iepatt ap ceitpe miacaib, .1. 1 péi|* T^i^tiin peoip eéamuin geimpeca. 
CCt^ íy peir cach tige cac cappai'óe, .1. eiiiic peip pot^pu o 
tappaigcep an'D lacc ina tige. ttiptim acc na •Deit|*ec, .1. epic 
aititimeop,paaóc natxotaigicann. tlac capcai-De acc cap.cai'oe 
anT> lapnai'óe,.!. noéa catvt>^6cain eite a T>eipim epic v^ifi oppu ina 
naiptim, acc a cappaécain anT> lap maiT>tn. 



Ceichfii etinaiti coniatiT)a iti coinaicef a a píccatx totipiac t^eifi, 
.1. t^eif ^®» ^^V Í^T ait)ce, titJitie pa liaitce, ocuf aitxtim pa 
haii66e, copa cotitiaccain an ai]\titn anT) ati mai'oin. Cetfie hefi- 
naite coniatXT)a an comaiccfaa niccaft tec fiac feip, .1. t^^uifie cm 
taei, ocuf aitilim an taei, caitifce na hai'óci ocuf aifitim na hafoée, 
cona cot\t"taccain an aifitim ann latx i)iaiT)ín. Lec fiach aifttimi 
ín taei a caitifa an taei, no tec fiac caitiin:! nu haiiDCi a caiftfce 
an tae, octif if í fin an aen hetinaiti cetht\aman. 



Cecfve meió a feif T^igona feoifi ecamam geimfieca cafi tan 
ítne,T)amiacinanaititim,octif miac ína caififa. Tílaf 1 ací.ompaifie 
feoiti ecamain geimtiera, no T^ígtiin mona geinifieca, no caitte 
^eimfieca, no acbuaili'ó geimfieT^a, no 1 n-Digoin feoip, ecamain 
cfamfiafó^T^a miac ína feif, ocuf tnioch ína naititim, ocuf tec meic 
ína caitifci. Tíláf 1 actumpoitie mona geimtieca, no caitte ^eim- 
fieca,no achbuaitif) geimfieca^no actompuitiefeoifiecamamctxini- 
tioca, no a n'oisuin niona f amfiaca no caitte t^amficn;a, miac ína 
feit% í>ectneich ína faifitim, ccuctiaime meich ína caififa. íTláf 1 
uctompuifie monu t^amtiaca no caitte f amfiuca, no acbuaitif) f am- 
t\aca,tetmeich ma feif, ocuf cechtxuime meich ma fOftUm, ocuf 



> EncloatdJUhl — On thc term *'T)i5Uin," Dr. O'Donovan, quoting an old gloss, 
8«78, it meant grass wliich was not to bc violated, i.e. a meadow. 



JVDaHENTS 09 0O-TEKANCT HEBE. 



inlír tbnn Ote thinB which givcs prn'late lo tiem ÍQ Ihfl snmmer, Tlirec 
I •«cks are ea timated /nr' tretpan iu coruUnd.Le. Ihr«e8iu.'kaiat!ie liiifl * 
I ístímBledfor 'lBÍg'-trejpsssiind' airliro '-treepasBÍnan incíoíedaieiidow. A gnck 
paatnred (icld.le.forli'iiig in ■ pnatiu'ed Geld of grasaUndinlhesummer. 
t n suck in a maDiitaiu fivhl, i.e. for leiping into a pulnred fleld 
iiiter mountún Und with an inclaud fleld ot snn 






istl be gWi 



foi 



roapaí 



I 



lieifcn af lAe ro/ne of two ' lerepaUa ' wiUi four íbc^s are adjad^, i, 
treapasa iD npmpfWj/mcíd wintergTBMland. Everj- 1 jing-iJD wn is ealled 
'feia'-treipasB, &c.,Le. 'eric'-fliie for 'lei»'-lre3i«MÍ»ciarjíííoa them wbtn tl»ey 
arecausht Iherelj^ngdown. ' A irlim'-lreipaa» if they have not lain 
il w n, l.e. ' flric '-fine for ' ilrlini '-treapaai ú eia!yed on them if th«y have not lain 
down. Every detection, bnt detectlon therein aftet tbe nighl, Le. 
llisnot foranyothar detection I «ay Ibat 'eric'*fine for ' feií '-treapa» i» rAarped 
nn Ihem for their 'air1hn''trelpaw, but (or tbeir being caught therc ía tbc momiug. 

There ni'e four cqual casca in* the co-t«iiancy ia whicL f\ill fine * 
for lying áawn treHpaflS ia paid, le, IjÍBg dowu by (lay, and lyiiig 
down by night, ' niire '-tresjiaaa by night, aud ' airlini '-ti-eapass 
by night, and thcir being detectcd in their ' airlim '■ti-espaaa there 
in the nioming. There are four cqual cases in thc co-tcnancy for 
which hedf fine for ' feÍB '-trespass ia paid, i-e. ' niire '-tresitftsa by day, 
and ' airlim '-treapasa by day, ' tairsce '-trespusa by night, and 
' nirlím '-tresiMiM by night, if tliey aro detectcd Íii their ' airlim '■ 
trOBjiass there in the moming. Half the iine for the ' airlim '■tros- 
jiasa by day m /lue in the cn«e o/ ' titirsce '-trespass by day, orhalf 
the fine for ' tairsce "-trespass liy night in the easeo/' tairace'-tres- 
paaa by day, and tliis is tlio ou]y caso of a fourth (i.e, of fourlUJme). 

Four aacltB are due for ' feia '-treapaas in a wiuter grass field over 
a fuU fence, two saclis for ' airlim '-tTespaes, and a saclt for ' tairsce '- 
trespaas. If íí fis íres/Mss \ipon a paatm-ed tield of wintergraaa land, 
or upon an inclosed field of winter mountain land, or winter wood, 
or an old winter milking place, or into an incloaed field of sunuuer 
grass land, two BacUs nro liue for ' feis '-trespasa, aud a saclc for 
' airlim'-treRpass, and half a s£ick for ' tairsce '-ti-eapiiíiS. If íí ho 
treapass upon a pastured field of winter mountain, or winter wood, 
or an old winter millung placo, or a pasturcd tíeld of suoimer gi-ass 
land, or into an inclosed ficld' of summer mountain or aumraer 
ft sack la due for ' feis '-treajjass, half a Back for ' airlim '- 
and a quartor of a 8ack for ' tairsce '-ttespasa. If ii 

tnipatí upon a pastured fiold of auniniei' mountain or summer 
wood, or summer old milking-place, half & sack is due for 'feis '- 
trespass, and a quarter of a sack for ' airlim '-trespass, and the 

voL. 17. a 



Co-Tur- 



82 bpfiorha Comairhcefa CCn'Dro. 

ocernaa meidi ína cmTi.p:e, OiTmat an occitiaró ajx. cach nam | 
onfniim) nansbtti*, ooitv angbai-ó cnc mil a comaiier. T^t|\fCT 
<ier (nimnm> om aclnnipaipe moTid fCTmparo. ciTi bé Tia i^oife*, 
tnreT**lw^'^^s*'*""'^'ch, 1f e miierarom picpTi co jintci 
c|i( fecc nanmcmTMi t>o aen fcilb a mml annriT) uifi beiinaTHnb 
faíne ; ocnf maf roTV aen beyinai wi cnowiji, fmacr 07^ (n céc 
anmtnn, octif oirhsin feoiTi tio ajiBaip op cac nanmami o ra ftn 
omach. 

"Oa bai in ftoc Tiiiinecaiti citiiici coji lan íme, ocnf bo ocvj* 
faihaifc vaxi let ime ; bo mitf ctn imo 1071 ; a TiTiÍgofn feotiv ^n^ 
flt* ara ftn. IDaf 1 acLompuirie feoin euamam jetmiie-ó, tio 
a nTOjíoíii mona seimjii'o no caille seimjiró, no ocbtiaittt geim- 
IviTi, no a noi'goin feoiji ecamain rfainiiaca, bo on'o rojv lan 
fme,ociif CTiícecTUimna caji lec ime ; faiiiaifc maf cin íme icill. 



I 

I 



fTlaf loctiLomptiirie tnona no caiUe, itaacbnoilr0 5eimiieca,no 
oclomptiif.e feoijv ecamain fampaco, no a TroigOin mona no 
coilli, no atbnoili fomiiaca, famaifc onD rojv lan ime, ocof Ct 
ceoiia cechfiaime cajv tet tme, colpac j-e fcpipall mof cin fme 

fCTll. 

ITlaf a ocíoiiipaipe mona no cuiUe,no atbuoili fnmiiacOiColpaó 
.ni. fCTiepaLt ann roji lcm ime, ocof a ceofia cecpomna caii tec 
i'me, Tiaifc cecp.i fcpepall maf gín íme tciji. 

Oo fn poch Tiuinecará con-ocobajicach TJajv l ime, octif 
colpachfaiitnopnjiecaiiletíme. Cajvlan mie «r «rna nieicb, 
ocaf a lec _rap lec ime, ocnf nocon pnil ni iiiof cin ime icip- 
Cap lan ime ara m poch Tiatne caice ocof a ceoiia cerpaime cap 
tet ime, ocnf let, mof jin ime icip. 

Canof I n^bsiv reopacec)vaime m peich Tioinecaici cajv lec 



■ JtntíMn.— Tiut if 
br tbiBinuL 



a mast m>ke suod thc grus or «orn iatrorti 




JUDaMBNTS OF CO-TBNANCY HERB. 83 

eighih of a Back for * tairsoe '-trespass. The eighbh of the eighth is the Jppo - 
Jine upon every trespassing animal, for every beast is a trespasser co-Tkk- 
in a co-tenancy. For the ^ tairsce '-trespass of one animal upon asct. 
a pastured field of siimmer mountain pasture^ whatever animal 
commits it, a sixth part of the half of one sack ts dtie. This 
extends* to three times seven animals of one herd in their going * Ir. T^é 
over difierent gaps ; and if it be over one gap they went, there Sl^íAij 
is ^ smacht '-fine upon the first animal^ and compensation for grass run m, tUltt 
or com upon every animal from that out. ^ **' 

Two cows Í8 the fine for definite man-trespass over a full fence, 
and a cow and a ' samhaisc '-heifer t/*across a half fence ; a cow is 
tliejme if there be no fence at alL This is /ar trespass in a pre- 
served field of winter-grass: If it be trespass upon a pastured field 
of winter-grass land, or upon a preserved field of winter moun- 
tain or winter wood, or old winter milking-place, or upon a pre- 
served field of summer grass-land, a cow ia ihefine for it if across 
a fiill fence, and three-fourths of Uie value of a cow across a 
half fence ; a ' samhaisc '-heifer, if there be no fence whatever. 

If it be a pastured field of winter mountain or wood, or 
an old milking-place, or a pastured field of summer grass-land, or 
a preserved field of summer mountain or wood, or an old milking- 
place, a ' samhaisc '-heifer is the fine ior trespass on it over a f ull 
fence, and three quarters of a cow over a half fence, a * colpach '- 
heifer worth six * screpalls,' if there be no fcnce at all. 

If it (the trespass) be upon a pastured field of summer mountain 
or wood, or an old milking-place, a * colpach '-heifer of the value 
of six * screpalls ' ia thefine for it if across a full íence, and three 
quarters ofa * colpach ^-heifer across a half fence, a * dairt *-heifer 
of ihe válue of four * screpalls,' if there be no fence at all. 

A cow is the fine for doubtful man-trespass' í/'across a full fence, 
and a 'colpach '-heifer ia thefi/ne upon him or her {ihe trespassing 
beast) across a half fence. For trespass committed across a full 
fence * the sacks '* are paid, and the half thereof (t.6. of the 8cu:k)^ 
across a half-fence, and there is nothing to he paid asfine if there 
be no fence at all. 

Whence is it (i.6. tlie mle or precederU,) deríved that it is three- 
quarters of the fine for man-trespass (?uU is paid for the trespass 

s T%e tacht. The term is here technically uBed. It means fonr 8acks of oats 
tnd barlejr. Soe infra^ p. 119. 

» Jfan-írMpoM. —That is, trespass committed by cattle wHh the connivance of, or 
caused by the owner, or some person in charge of them. 

VOL. IV. a 2 



84 bfieocha Comaichcefa OCiTDfO. 

lénn' ^"^®' ^"^ ^ ^^ ^^^ ^^^ ^^ ^^ TTiiach ? 1f «f BCíbtifi, lec <n 

Co-Tkk. peich T)t]iifieéaiti citi ime icifi, ocuf in leú eile T)e ap. fgccc lcm 

^^ ' íme ; mafa let ime fuil ariT), ceclifvaime ap. fcach lec ime ; cabiii|\, 

1T1 coócmcró fiTi a ftnUe* iti lece ftiil aTi ime, co Tia ceofia cet- 

fiaime íti feich T>uiTiecaiti ccqfi lec íme. 

Moéon fagabufi nácTií t)0 Tia miacaib citi íme, coip. tio T)eifi'6i in 
ccm ccca let íme cmT), cémcró lec na pach t)o bet ap. a fgách. 



UochaTi ftiilT)ecbiti fitii|iiT) Tia aifvlimé Tiacaifif5i,Tia méT)ai§fci 
Tia lai§T)i§ci T)iTiTiili a leich fie T)uiTiecaichi ; ocuf ctca T)ecbi|v 
T)i50iTi ocuf aclomf)aif\e, ochaim ocuf cmacaim, ocuf ccca T>€tbi|v 
íme ocuf ccm fme. CCca a TiT)etbeifi uili fie miacaib. 



Ci'ó fo T)efia 1TI caTi if meich T^legafx ifiTi fogail co Tia fuil nf 
C1TI ime icifi; ocuf iti ccm if fiacT)uiTiecaici imufifvo, co fuil alet 
fi-óe cin ime icifi? 1f é iti fáfe fOT)efta, in coiméc T)o ofiT)aig T^ligi 
afi na hinT)ili áca ac fifv na ninT)ili ofifio, ocuf inT^li^cec T)fi|v 
an fefiainT) gcm ime aigi ; ocuf coifi cin co bec ní t)o na miacaib 
T)o in can na bicró ime aigi. Wocon fuil a coimec T^ligcec imufifxo, 
acfifina inT>ili oftfia in ccm aca fiach T)uinecaici ucró, ocuf coi|v 
ce no bet a lec ucc6 cin ime icifi, cit) inT^ligcec T)fifi an fefiainT> 
gan ime t>o bet aige, uaifv confvanT)ac bait baejal ecufvfvu. 



"Oetbifv T^ijoin ocuf aclompuifve, ocuf aichim ocuf cmcnthini, 
ocuf íme ocuf ccm ime a lec fte fiac T)uinecaici ; ocuf nocon 
fuil T)etbifv feifi na aifvlime, na fvuifvi'ó, na caifvfci a let |ve 
fiach T)uinecaiti ; ocuf ctca cm T)etbifv uili a let fve miachaib. 



1f cmn acaic na meich oftfio in inbaix) fvo fo^aib T)uine iccc 
1 fleib no a nT)ifvainT), ocuf fvo fagaib buachaiU coT)nac fve coif ; 



* One-eÍghtlL'-^This ís wrong, it should be ' one-íoiirth.* 



HJDQME-NTS OF CO-TENASCY UERE. 



85 



I eommitted hy goíng acroes a half hedge, and tLíkt it la onlj half 

'the aacks1 ' It b dorived from thi», t/ial iliéiiaÍít'heGaefoTiawi- ( 
I treB]Misa ú due whea there is no fence at all, and the otber half of it 
I for tres/>ass over fiill fence ; if it be a Imlf fence that ia there, there 
I Ú a fourth of 'the meks' for half fence; carry that one-eighth,' and 
l.add it t<)*thehalf which is for Ihe cate qfao fenceat all,iLud it niaki;s * 
I three-fourtha of the fine for man-trespass ocrOBS a half fence. "' 

No portion of ' the 3acks ' is obtained without the fence, Ít ia 
I propcr for this i-cason, that when thcre ia a half fence, it should be 
I half the fises tliat are due for it. 

There is no differonce of ' ruiridh '-treapaHs, or ' airlini '-trespaas, 
I or ' tairsgi '-trespaas, oi* increase or decrease of cattle with respect 
Qiui-ti-eaiiaas ; but there is a difference of meadow and paatured 
l land, of profitable land and unprofitable, and there ia a difference 
[ of fence and non-fcnce. AU these difiereucea ore obetrved with 
I respect to ' the sackH.' 

What is the reason, when it ig 'aacfcs' that are due for the 
t trespaBB, that there is nothing dva where there ia no fence at 
ill ; but when^there ia fine for man-treapnas, that the half thereof 
ÍB due where there is no fence whatever i The reason is, tlie herding 
' whiclj the law has ordered for the cattle is provided by the owner 
of the cattle for them, and it ia nnJawfiil for the owner of the land 
Qot to luive a fence ; and it is right thitt hc should bave no portiou 
of ' the 8aeks ' wheu he hua not a. feuce. The owner of the cattle 
has DOt provUhd the lawful herding for them when he pays finea 
for num-trespim, and it is Ín iveh eate right that he should \>ay the 
one-half when tliei« is no fence at all, cien though it ia unlawfiil for 
the owner of the land not to have a fence, for " foola divide the 
n^lect' between them." 

T/iere m a difference between pi-eserved grasa-laud and paaturcd 
I land, and between pcofitable and unpi-ofitable land, and between 
I fencB and non-fence,'vath respect to fines for man-trcspaas ; and tbere 
is no difference between ' feis '*trespaBa and 'airlim'-trespass, or 
' niiridh '-trespaSM, or 'tairsce'-troBpasa, with respect lo finea for 
V man-trespassea ; and thei-e ia a difference bctweeu them all with 
I reepect to Backs. 

Where they are fined ' the sacltB ' íb whore a peraon has lefl 

liem {t/ie cattíe) in a mountain or a wood, and left a acnsible adult 

• Vid. Tol. 3, p 

.A-»./««— ■ 

Eit3iIi]ofedtanuik '£.' 



" Rvtry Judgc Is puniihaljle lot his neglíct." 
S. hcre hu ' ca ' with a atrolií over lh« ' a,' aaoh u oaull; Ii 
' The ineuiing retiaíra thal the irord ahould t>e rewl u "can.'' 



86 bjieoctia Comairhcefa OCTiT)fo. 

JuDo- Tio in coíméc a T)eifi vhp o|i|vo: niacafi afi na mucaib; coéolt 
Co-Tto- ^^ ^^ cefia ; bfioga im nasabfiaib ; u|\collpoTia jamTiaib; aeT6- 
AHCT. aijie ag na caifiib ; btiachaill ag na buaib. 

If OTIT) aca in piaé T)tiinecaiúi ciTiT)cec, iti iTibaii6 fio fagaib lac 
a fafifva* an pii\vc feoip. no a|ibai|\, octif ciTiT)a leif cona fiach- 
T)aif inn. 1f ann aca in fiac T)iiine caici conncabaficach, m 
«aif, if connuabai|ic leif in ftachT)aif no na |xachT)aif inT). 

THa cttic call lac aó |\if a caifif i a cabai|iT: fo r\\i amach, 
if lan fiach T^uinecaiúi ; ma raic ai) fiifi coififiiD a cabaific pa 
T)ó, if T)a qfiian an feic T)tiinecaiúi ; ma fiobara|i call oc6 fvifi 
coifife a cabaifvc aenfecc, if cfiian in feich T)uinecaiti. 



CCfail aca T^ianai^hliJ neimet, ní hex> an cena, uingi T^airv^ei; a 
caitmech anT), ocuf ga afv cfví fecc nanmanT)a fo cechaifv vo aen 
Cfeilb acá fin co na nT)ul anunT) faine fecc cap, f aíne be|vna* ; 

no ap» qfxí fecc nanmannaib fo cecaip. vo f aíne felba co na nT)tit 
anunn aen feóc cap» faíne befina; ocuf T)amat cafi aen befvnain, 
nl biai6 acc fmacc afv in céc mil, ocuf aichgm feoift no afvbaip. 
uacha uili. 



CC foit aca T)un fvig, lef matvqvaó ní ai'ólig, lincafv T^atfv^ec 
cac T)efx; T)on aitbi, t)ó uífv cac T>e|vc |vo caicmiti ann .1. a fonT)a 
ocuf a falaT), ocuf ut|v mín a comaicítica caft a heifi ; ocuf if e 
aifvec aca m fvic, co fvuici fecc nannianT)a vo aen cfeilb. 



T!xii|i5ille fíTiacca raificeT) ciiicéi latx pgail uaDaib 



1 When U it a hing't * dun ^'fofrti ^. — ^Tbe text is obscure here, and seems 
dcfcctive in the oríginaL The paragraph with some variation is given in 0*I>., 
1674, a« a comnientary on the clauae, *' Rooting the earth in dÍBtingoished places.** 

« X * lit martradh *-Jbrt Probably n churchyard j ' mart^TCs ' appear to bave 

meant * relica'. Vid. O'D., 1674. 



JL'DQMENTS OF CO-TENAHCT Um£. 



87 



ati henlsm&n with tUem, or tlie care-tafcing which the law reqtureiit' 
over them ; a yoke for tho pigs ; a hood for the hens ; tie8 of 
leather for tho goata ; a epancel for the yeai-Uiig calvea ; a ahep- 
hcrd with the sheep ; a herdaman with tbe eowB. ■ 

TUe case where the fine for ilefinite man-trespaas ia dtte ia when 
lio (t/ie treipasser) left them (íAí eattle) near the field of graas or 
corn, and he is certaiu thnt they wovúd go into it. The fine for 
iloubtful man-treepaaB is due when he ia donbtful whether they 
wsuld go or would not go into it. 

If they ai-e withiu Ihejield as long as tliat they might be drÍTea' 
out thrice, it ((/w penalíy) is full fine for man-trespofis ; if they are 
within so long as that they might be driven out twice, it is two- 
thii-dB of tho fine for mai.-tres]>ass ; if they woro leilhin thejield so 
tong as that they niight be dríven out once, it ia one-third of the fino 
for man-treHi)asa. 

When it ia « ea*e of the violation of a ' nemod '-person'a diurch 
or tanetuan/, it (thejim) ÍB not the aame, 6uí aa otmce of ailver is 
tlicjitie for theii' rooting there, and this ia charged upon 3 X 7 x 
4 (84) animab of the one herd {cattle beloiiijÍTu) to one man) after they 
hftve gone over íke fcnce difiei'ent times hy different gaps ; or 
ujxin threo times scvon animals rnullipli«dhy four (84) of diffui'eut 
herds (jtoMeisions) when they have gone over onco by difl^ereut 
gaps ; and if it be by the one gap, tho ' smacht '-fine shall be 
onIy \ipon the first beaat, and compensation for grass or com from 
títe oumtffs o/them all. 

When it ÍH a king's ' dun '-fort,' or a ' lis martiwlh '-fort' that 
is trespassed npon, let every holo niade in the place be filled with 
* erio '-8od,° eo a» to be tmttamotent with the clay of each hole tbat 
waB made therein, vix., let Íl bc pressod and stampod with the 
Leel, and lot fine clay of thc siimo natiiii: le plaeed thero nflíir- 
wiu'ds, and the ext«ut to which it runs, is as iar as seven auimals 
of the Bame [losaession (Itcrd). 



The additioiiíil 'smacht'-fines for instigation are to 
be paid in fíve days alter damage,for treapass without 



Co-Teh- 



' '£ric'-»0!Í.— Tho Irisli wc^l wliitli Dr. O'Doiiovnn bu tbua [muUUil i 
' aipsec,' the luunl wunl for ■ íílítr,' oTcn in tlia ípolwii lniignagí ol the rreMn 
ÍAj. In O'D., 1674, tbe re-dinj; ia * ar(;al,' whlth «firews tg b«vo tbe Mm 
msuung, both tonns búog Cdtic furois <if ibe Latia ' nr^utum'. 




88 bfiecrrha Comaicticefa CCtiT>ro. 

J^ a cairhe cen naiTjm naefaib. ^aimojisaín mbtitiiif- 



— T^Qi f,git.t.0 jrmaíca .1. anan nwíp ocuf mttm coicíi vop in 

pnaíc.i.iionaiTniiítanWfTCáitlvDanaseUacoiititiiecha-oocoTwiccain 
aTveúicétinoinnlfmoÍc<nsCei\ivehmttíc"i cinaig ii!ficai«>a«noEeUa 
coi|vichnecha v> coriaccain vaxi a^ cdicíi, 1n can if artiDiL a crnHJ fim 
vú dn a Timb. 



.1 . in naip. if amuil a cinart féin ti6 íie, if anrrb rp^tfi foji m 
fmachc, ocnf Tntím djicti. 1n can if aiiitnl cmaig fiínbleogafn 
imoniio, if ancrt cóicti fojv in f maíc ocof TiiÉím civeifi foji (n 
fmaCx. Ocuf ifoiinifaiiinilactn^nrt] vé'H'oocin a f,uib, in can 
oca Trtl in cinaig if tn pobfein; ocofiranii tf aniailcinaij I 
ninbleosain t>ó, cac uain no fuit. 



Cen naivm noefaib, .1. cin noi-om ncifcaiiw pif «0 jteiiv naoFeofa 
IWcimioU.incomaiecéfa. S«""''TtE°i''>''- oitgomín t<iu>giiiMf nac 
wi^caiTw ipn ^mite. 'Oacri.ianiia'tie5cneice,fmai;cauit.ina votf (icb|* J 
ina aiiilÍTn, iffe* VTnt ma peif nama- 



Ifmacca caca jiairlie, ni cuma T)ono fmacc fOmFuacca 
ocup sfmnFuaOca ; ni cuma 15000 cn) cac mif 'Di[ii]T)iu. 
CCfbeTiap, "DoTio feclic mifa Tnb fiii famfuacc, ocuf a 
cúic y\i\ gaimfuaóc; aii mí T)eiT)inach -00 ejiinuch, ocuf 
ctii niip famjiai'D, ocuf rp,i mifa aii fogmuiii fp,i fom- 
fuacc ; CÚ1C mifa imujijio, y\\t gamfuaCT, qii mifa in 
gaimiiit), ocuf in Tia mí caifecha T)o ep.iwich ffii 501111- 
puacc. lc cfnima fmacca seimjiiT) olTwin fmachca 
famfiaiT), afi ifií.iiche beo beorha na mbo ol'oaf a 

1 /iinn-ííi™. — Tlir W'>ril " mbiiuijiieclícii " has been ■writtea over Uie i/arii 
"«a Cltian " in tlie BIS. hj ■ muvb Inter btnd than tlist ol Ihe original ■ctiljfc 

■ '&nocil'-j^— See p. 31 (O'D., S17I), uid rampara witbO'D., 102. " Quaiiui] 

— Ha«r •relaod trapuee* calcnlated? — From therenU, i.e. fmin the full reat givBa (or 

tbel£iulit«eU,tbeprotItible or DDproBtable gi>s»-1ind nbicb Is injared ia sMlmated. 

TirO'lliÍriU of the rent Í9 thc Gne, i.e. tno-thirdiol the rentwlilch le chargeil fof 

'St land, for th»e.i)narters b Ihe fine tor 'feis'-lrenpuiln 

winter^rrualiadDrer « rull feace. i.e. tbree 'Mrepallg'upoD ItfOTlba 

ihree-qtiarterii wid two '«crepslb' for 'feii '-trBpiiM in ninter, ftod oqd Idr 'tel»'- 

tmpu* ÍQ tbe nimmei, le. (he one-third of Ihe three ' scrcpnlls.' (U.3,17,oaL3(M.) 

tbii Terj obwnie one occai* In C. 36. — treating of tbe tres- 




JDDOMENTS OF 00-TENANCT HEHE. 



89 



Mj ot tbrM dijs, uid A deUy 

;ht "-fiiie, i.e. or tlic ' «miicht ■• 
e to be lirongbl in fiv« dBji ; of 
ifl lor the crlnie íor which the 
im In Sve dij'a, vben Ibe criuo 



givingfurther legal 8ecurÍty. For winter trespass in J^l, 
the fann-laws' two-thirds of the rent is the 'smacht'- Co-tiu«- 
fine', — 

The addÍtloDal 'nnacbt'-anes, le.then!i. 
in paand of Bfe daja far lke pagmtiil q/' tbe 'iniu 
flnea with whicb ue given tbe ad^tiooal pledgea n 
tbe tbing wbicb i> commanded bt/ laa aa > erie 'S 
additioaal pledgís are given, ii to bs bruaght 1iy t 
o[ hisbeoat is 08 bÍB dwh crime. 

Tbat ifl, when it is to him lilce hia own crime, there Ís a »tay 

of three daj's for íAe pai/vu:rU of the ' sTOacht '-fine, tmtl a delay 
in pound of five days. When howevor, it is aa tho ciimo of ii 
Itinaman,' there íb a staj- of five liaj-s, and a ileUy in iK>und of 
five daya for íAe patfineitt of the ' Biuacht '■flne. And the case iu 
which hÍ3 beast's crime ia to liim liko his own CFÍme is, when the 
boast itself is vahie sufficUnt to ]iay for the damage ;■ and it ia* as . i,, whn 
the crimo of hia lcinsmau, whouever it is not of Úiat valm. s '** ^^" "f 
WithoQl jíoÍBs/MfHíi- iegal »ocnrity, .i. wlthonttbe gaaranty of n inlhthvut 
eontract-binder, according to new lcnowlsdge for oburvlng the íovf q/'co-Cenanc]'. ^ J' 
Winter troapasi, i.e. treapais upon the farm with tbe proper regntatioai 
Ía the wínter. Two-tbirdf uf the (iiir rent, the ' smncbt '-flae« wbich are pili f or 
' roií'-trcspíB and 'ttirliro'-trwpaH, i> IhBtwhich is duí tor 'feis'-lreapaasalone. 

Thore are different ' smoclit '-fiiies every quarter qf 
a ycar, hut the ' smacht '-fine in the hot season is not 
the same as that of the cold season ; even every month 
of these seasons is not alike. Seven months of them 
are included'" in the hot season, and five in the cold t ir, j^„ 
season ; the last month of spring, and the three months *'"'/''■ 
of 8ummer,and the threemonthsof autumn,are called" ir. fqf. 
the hot season ; but the five months of the cold sea- 
son are, the three months of winter, and the two first 
months of spring. The ' smacht '-fines of wintcr 
are heavier than tho ' smacht '-fines of summer, for 

pauetcammilledliyanine. It runiastolluwí; — -'Wbal waaÍD tbe old judgincnlfi? 
— EvBry pit that wasrooted bt/ juiíbí to befilled re»pectively withcom,other«iiy wiLli 
batter, tor thcy deenicd it liwf nl to inike good tlie damagc done lo tlie earth by ittnHn 
prodiice. Bot this wiu aflerwardsebiuigedtoconipeBsiilion fur tbelhing injunil." 

*Á tímman. — ' Inbleoghiin' means a man'» »on, grflndiion, teIalive,ornny persoo 
for wboae crimee he is reeponaible, 

*/(« — Literally " nnd whero itii tbesameaa thooiimeof the itinímaii í» when- 



90 biieaclia Comaichcejxx CCti'Oro. 

, n^eajvc, aji ic seinictieii feji i famjiat), tii rha imu|iiio 



8macca caia iiaictie. .i. Ínf frnarcaiEtert m snc iwrich«. Hi 
curnationof' nacc,.i.noi«cucriuniointpnaácaisteiiii:osaitT>ot)eiiain 
aceai'in cfam]iaiA ocof aFiiacc!nEBinniió. Hi cuma wono cir) cafi 
1111]- TiifuiTiiUi .1. noóa cuctiumacfaminsi'ocaí mifDonahibiróahifin, 
.1. mí coaj-ainrpimiiaTOocufmlruaícaiiiseimive- lc cixuma f macca 
F:oi m ]\iTi, .1. if ennina ini jinuccaiston ipn po^uil. toi niac na hinnile 
ipn j;eimi\o otiiaice nu neiche fmadcaiEceji, ipn p)f,uil. tio niuc na 
liiiinil^ipn cpiinjiai'ó. CCiiifiiuiclie beo beacha namlio ol'Dap 
a ngeu)ic .i. ip oaij-Le ini iw beijlbeÉa 'ooiia buaib ipn seiiniii* fnaf 
ini 'oo beiji lacc Tioib ipn cpamtiaiÉ. (Xi\ ic jeiniclien cen i 
famiia'ó -i. If tie piín vút .1. anaBeini'ó pep, ipii cpirtintii'o. Hi clio 
iniiiriiio ni u ngeimiie.i. nocn ne'6 a nata Linrn in peii ■oo Faj" if in 
ceimiiig. 



CCfbepjiii friaira famp,ait ; miac cac aiiiliTne aii 
feclic iianmaii"Daib fTLt echam ii'Disuin ; lec meicli ma 
flii aclibiwn'oa'o ; lec ineich nu moiii fii.in'Dif ; lecmiacli 
cac cuilgaib o "Dam co ■naiicais fiii peif. 1c "00 miach 
imuiiiio, fp,i seamfuacc. 



CCfberiaii fmacca f ainii.ai-6, -i. iiaTOceii.noaifneiTicenini fmacc- 
(d^Éen if 111 vosaiL 110 niuc 11(1 hinniLo ipii cfami^ai'D- riliaí cuc aiit- 
Liiiie, -I. miacti if e ni aifneiTiicheii a\\, focc nanniani3aib naon feiLb « 
iia n'oiiL onunn tton i»Éc can uon boitna'ói nai{iLini Tiisuin i:eoi]i eCariiuin 
rfam]\ai6, tet meich ma irivi achbiionija'o, -i, mu-6 f n,i bjion-Da'ó 
gu hait, ,1, ai]ilim achluimpuiia peiíiTiBtamaincfamiiai*, det metch fiii 
moin cn.in'Dif , ,i. i peif atlumpuiiie mona famiiaca, no caiUe fom- 
iuicn- Í.edmiach caó cutsaib o 'oani co ■Dancais, -i. ail foic 
na[ii]inun'Daib a i:eif «iguin Feoip, Btamuin Eéimi^eca, ocof feícmu-o Let 
ineich -Do cuit> 506 anmnn'Dnig na cus tt^ oitif nn«. lc "oa mioch 
imuiiivo pni soamvuuic, .1- 1 v^if achlumpuine feotiv echomuin 
^eimiie, no 1 nuiplim 'oismn feúi]i etamuin seimixeca. 



1f cumal pnacc cac míii comaicef, ocuf 1 coxaLnachEabat,a, 
aiiiail ifbei]i ipii pnnfii.ui;h pcTiil j co ngeit 1115611 fi\i pacail, 
ocuf coTn'Diiu) cach naefa 1 foselccrti, congelou ■oa 'Dajicai'O fech 

ic QÍ puaijig jndemenU- 



JUDGMBNTS OF CO-TBNANCY HERE. 91 

that which supports the cows in vnnter is more pre- ^^^ 
cious than their produce, for grass is produced in Co-ten- 
summer, but none at all in winter. — 

There are *8macht*-finefl everv qnarter, i.e. the thing which U 
coinmanded to be paid as * smacht '-fine in every qnarter of a year. T h e 
*8macht'-fine is not the sarae, i.e. the thing which is ordained to he 
paid as * 8macht*-fiue for trespass coramitted in the heat of the summer and in the 
cold of the winter is not equal. Even eyery month of these is not 
alike, Le. it is not alike that each of thesc months is regulated, i.e. a month 
of summer heat and a month of winter cold. The *smacht*-fines of 
winter are heavieri i.c. the thing which is commanded to ht paidoB 
*smacht**fine, for the trespaas which the cattle commit in the winter is hcavier 
than the thing ordered to bepaid for trespass which the cattle commit in the snm- 
mer. For that which supports the cows, &c., i.c. more vahiable is 
the thing which gives food^ to the cows in the wiiiter than the thing which 
gives them mi]k in the summer. For grass is produced in summer, i.e. 
tliis is the reason, i.e. grass is produccd in the summer. But none at all in 
winter, i.e. it is not that I say that grass grows in the winter. 

Let the summer * smacht '-fines be stated ; a sack is 
charged for every ' airlim '-trespass upon seven 
animals into a profitable meadow ; half a sack if into 
after-grass ; half a sack if into a mountain ; half a 
sack for the ' feis '-trespass of every sort of cow from 
an ox doum to a ' dartaid '-heiter. There are, how- 
ever, two sacks in the cold season. 

Let the summer *8macht*-f ines bo stated, i.e. the thing which ia 
commanded as ' smacht *-fine for trespass whic!: the cattle commit in the snmmer 
i.s to be told or related. A 8ack for uvcry ^airlim '-trespass, i.e. a 
^ack is the fine which is mcntioned a;» imposed upon seven aninuils of one herd 
after going over by leaping once across one gap into a meadow of summer grass- 
land. Half a sack if into af ter-grass, i.e. if to trespass quickly, ie. 
by leaping into a pastured field of summer grass-land. Half a sackif 
iuto a mountain, i.e. for * feis '-trespass in a pastured field of summer 
mountain or summer wood. Half a sack, &c., from an ox to a 
(Jartaid'-heifer, i.e. upon seven ammals for * feis '-trespass in a meadow of 
winter grass-land, and the seventh of a half sack is the portion ofthefine for each 
animal, which he did not tender then. There are, however, two sac^s 
in the cold seasoni i.e. for * feis '-trespasa in a pastured field of winter grass- 
land, or for *• airlim '-trespass into a meadow of winter grass-land. 

A * cuinhal * is the ' smacht '-fíne for eveiy beast in a co-tenancj, 
and in taking forcible distress, as is said in the 'Finnsruth Fithil'- 
law^ — Anail rates with a tooth,and equal 'dire'-fíne is paid for cattlc 
of c verj age for feedingi for two ' dartaid '-heifers eat beyond (mor« 



92 bfteoctia CoTnairticefa OCn'Dfo. 

Jppo - 1107X1111. 1 cifi T)ib(ró crca ín comectifi fin, ocuf i comaiceaf , no 

MBHTS OF 

Ck>-TsN. ^ comectifi ora fanT). 

^H^" OC5 p qienaii cifi co cenT)ínbliaT>Tia; cafveiri ngem- 
piacca, no ag bep piti 'oa cfiian a pochp,eca cofieip, 
octif a ciíi laif in feafi op^jcap, axw. 



OC5 po cfienafi cifi co cenT) mblia'ona, .1. ag 'oe'ocennaigif^ in 
peoTUxnn ap, pochTitiic co cenT) mbliaDna, .1. in cyHiTTiuiYx; T^obepaTi 1 poch- 
liuic, .1. pochtiuic peoiTV ati citi c|ií cumal. 'Catieii'i n^eimpuacca, 
.1. catieip na pogta "00 nfcheii a puacc an gemiii'D, a tet peichp'óe, .1. let 
O'D. 403. <í" peich 'oumeóaiéi conncaba|icai5 aii cyHimaiYx; tpn ca|i lan ime, [ocu|» a 
lech maf gan imme], .1. an atlompuifve peoifi echeamam ^éimpeca, no a 
nT^igum mona ^eimp.i'ó, no caille ;;eim|xe, no achbuaile geimiii'D. Uo ag 
befi piu T)a CTiian a poch|ieca caiieipi, .1. agbef pu T>a cfiian 
na poc|ieca, .1. na|ximui|Xíe puita|i ci|i c|ii cumal, .1. Hi cotpac occ fSfie- 
patt puit cccpeip ti|xe T)a cumat hia pocfieic ; no aii be^ piu T)a c|iian na 
|Hxmuiyx» acd ifín pocpeic, iffe* aca ipn poy;ait t)o níche|i tiiy» na 
peTvanTHXib cécna 1 puacc an 5eimp,iT), .1. a|i ceo|ia cetyvaime na |ximuiTpce 
anT)fiT>eic hí, aéc aen fpcpepatt nama na cuga a|i aip,T) anT); no T)ono 
cena, cln co puit achc aef cotpaige otx ^^peapatt inT)ci, \f T^lmapqiai'ó 
teiHngéi no bip'o ara uip,e ní p,iT» na piu ceopa cetpxnme na famui|»ce 
hl Ocui' a ci]v tttiT^ in peap, oxi5ca|v anT), .i.a pep^nT>taiT*Hi peTi 
T>o nicheTV anT> t>o OTVsain, .1. laTVTie na |:ocTieca, 1n can ip a^v i^ocpeic 
cuctt'ó he; no a peiianT) ac in pip, vo nicheiv anT> 1 tx^gait, .1. lorv nfc oTVca 
apostapif. 



T^ic aiíilinienT)a iniaT)ichec fmachca ; cac aifilim 
fiia com no T)uine; no aip,lim naibilno omna, no aifilim 
neicne cipfí. 

* Joint-storJcitif/ — That U patting an equal stock on the land. 

*Rent. — ' Poc|\aic ' is here used to dcnote the award or price, hire or compensation 
paid, or contracted tu be given, for the use of the land fur one year. 

*Agaitut tohom trespass w commitíed, — The following seems to be the roeaníng 
of thia verjr obscure text : — " A calf is the rent payable for land taken until the 
end of the year; in the case of a trespass committed from the commencemcnt of 
the cold season on to the end of thc ycar, a calf is the fine pavable, or a calf which 
is worth two-thirds of the value of such a calf as should be paid for the reiit, 
(wliich would at that timc be a ' samhaisc '-heifer) ; and the land ui>on such pav- 
ment becomes the propcrty of tlie man against whom the tre.^pass ia committed, or 
of tbe man who pay8 the fine.* 



JL'DGMENTS OP CO-TENANCT HERE. 



03 



tiun) tUe lai-gest ox. Iii a ' dibaiiJi '-liuid tliia joiiit-íiiofkiiig ' íb 
maJe, and in a co-t«iiaiicy, or in joiiit^t<]ckÍiig it ia Lere. , 

A calf 15 the rent which is paid for laod taken till 
the end of the year; Ín the case of trespass coinmit- 
ted after thc commencement of the cold season to ilie 
end of the year, a calf is the fnc, or a calf which is 
worth two-thirds of the rent afterwarda ; and the land 
7'C)íirn'jis with the man agfainst whom trespass is com- 
mitted in the case. 

A calf, &c., nhith is paid for thn Und till the end of th« jrear, 
i.a, s cii»(íAe príce ofa calf) pajrí/or tbe land «Aíf* u Ir.l for hiro (renl) ro Ihe «nd 
"Ithvj'w, i.o. Ihc ' umhBlic ' -hcifcr which iíigiren m rent,'l.e. uthehire turthB 
grissoí«laBilof (woT-íft) ihree ' tntnhil».' After the cold íeriíon,Le. «íter 
lbetrOTp»jBwhichl»cominiltediathecohloítheirinteriholf lheflQplorlhÍB,l.e. tb»t 
'símhBiíc '-lioifer ishalt ihe flne fordoul>tínl inBn-tre!p«»soTHrilullfeníe,«iidthe 
half thereof if thers be" no fenre. i.e. into n paatnred fleld ol vinter gTus-Und, or ■ '. 

a old milfcing- "" 



alf t 



sr Hood, 01 a n 
lirdB of t: 



aftc 



-wards, Le. a catf Hhich ís irurth two-Ihirds of the rcnt. Lb. of the 'samhnisc'. 
Iieifer trhich íbjhU for a. land ol three 'cumhala.' Lo. tbe ' calpach'-hclfer oflAt 
riOw of eigbt ' ncrepalis ' whlcb is lo be paid for a lat^d of tvo 'cumhals' for \ta 
rent ; or, a, calf which ia -north iHO-thiidi of the ' samhaÍBc'-beiier which la^iií 
fi<r the rent, il is 11 that ii patd for the trespaiB whicb is committed on the sanie 
Unds iQ the cold of the «inler, i e. ÍC m giets fur three-quarten of Iht valat of ihe 
' "amhaiic '-beifer in this caae, except one 'ai:repair uqIv which iras not brougbt 
lorward here; or Indced, ac<:oníín<; íoofA«-i,ulthuugblt((Ae cidf)hiut\iM the af^-uf 
a ' colpach '-beifcrot eight ' screpalls ' raíiw, It Is from theexceeaof ibc imprarenient 
or incrflaia tbnt ia npon it IhBl il is irorlh Uireo-quBiteiB uf ths ' aamti^sG '•heifer. 

la committed,! Le. thelandrtniníni irith tbeman who is IreBpiBsed apon in Ihu 
c«se,Le. atler the terra of Iha rent, when il is [or rent tliat Ít(lAí iisii) waa given ; 
or, aeeoráing lo olhrrt, the land belonga to Ihe manwhohsscommitled the treapass, 
i.e. ifter bis pHyÍDgtJie 'uric'-fine ol his treapaaa. 

There are íh7-cc 'airhm'-trespasses for which no 
'smacht'-fines are paid : every 'airlim '-trespass before 
a dog or a man; or an ' airlim '-trespaas in consequence 
of heat or fear, or an ' airlim '-trespass owing to'" any ' ' 
Idnd of violence. 



In 0*0. 403, tbe following condition ii added :— 

" If it be nÍDtcr grass thnt is (respiuicd iipon, 
the flne, Í.c. of tbo reiit wbicb is paid lor a ■ Tir-ci 
ú hinii for thra-quurtera of a j-ear. There ore t 
the three quartersj and two heifera, i.e. tbe two-Ihírda of the tbree beiíen 
Sd* toT'feia'-treipasaia «meadowDf anminer grtss over a full hedge." 



tliirrts of the [vnl shail bo 
ilc'of thebest land ir^ci 
heifer» ai ithí npon it for 



94 bfieocha Comaicticefa OCiTDfo. 

JuDO- ^aic aifilimeti'oa, .1. araix: teimentia 'do niacaiTv aTvin petvno ap, 



Mnmop 
Go-Teh. 

AHOT. 



injap.baTV octiT* eim'oitnicfeis ifo; can fmatz oiifia anT). Cac aitilim 
fiia coin, .1. ag ceite xna coni. ÍJo 'ouine, .1. ag ceée |iia nTHnnib. 
CCi|itini naibit, .1. Hicanbif aibeltoTip.atieT:eaf nstiéine. Ho omna 
.1. t^ia qveicb, no Tie coiboin. II0 aiTvtim neicne cipfl, •i.abe'DeiseT^ 
.1. coTvtinn no cene f aignen. 



"Sínacc 'Dia ctiicci ia|i pjail cona pocal cona cfitiaf 
octif a loínT)ar;a. 'C]ieiTiib fmacca cac coifi, qiian fon 
7)1 coipx^e aifie. „ 

fHa f efx fOf\ aitl anienatx anT) a caeb no a naiíicenr^, 
ma fefi polaiT), no fe|x famla, icap, a caiche a fieifi na 
comaichiT). 



Smaóc •01 a cuicii, .1. ini tnnaócaiséeTi uotd 1 poTvba cúicéi lati 
n'oenam na v^gta, .1. na mei6, .1. anaió cTteifi poii ín T'^acc, ocut* T)itim 
cuicti. Cona pocat, .1. namiach, .1. nafiub feafib laxx. Cona cTiuaf, 
.1. naTiub ccnf. Lomt^aca, .1. ST^an tomrpt; tomconT>a x^vna ptofc, «i. 
gUTiub TMXca he ocut* be lom, .1. cin colg. T^p,einib ^"^í'tcca cac 
coiTv» .1» CTveiniugaD a^v in T*"^acc t>o TveiTv coitv. T^f,ian fO" "^' 
coiTVce aiTve, .1. Cfvian a mbi'ó a^v m coiTva ocuf a^v \í\v eoTvnaig, if fe^ 
aca atv in coiTvce aonuTV, ocuf t>o cTViun to^a 



nia poTV voT^ aitt, .1. ma pe]\ T>obe|vaTV ifin peT^ eite fífi fon aich- 
j;ina, .1. ma p^TV echúim tvo bfionT)aT> anT), T^iabta'ó T)o peoix aucrluum cati 
a eifi munabpuit echam aigi. CC caeb, .1. j^aT^a. Ho a naiTvcenT), .1. 
gaiTviT). nia petv potaiT), .1. na caitte. tlo peTV pamta, .1. na 
mona, .i.ín cptéibe. CC T^eiTV na comaichiT), .1. aichsin an cínaig phi 
amuit ip T^iaTt fiip na coniaichib, .1. aTVT>mep T)o upa na coimaichiT) aifi, 
muna pagcatv pep, a commaich inT> a^v pon aich^ena, ocup neirhbet peoiTV 
a comaianca cngi poT)eTva. 



Caifi — can micefi caiche cifie ? OCf a pctipxicaib ; ma 

1 Fear. — Dr. O'Donovan remarks upon thia — "The gloss is here transposcd, aiid 
should be restored to its propcr order thus: — 

** F e a r, i.e. of thunder or ligbtning. Or an'airlim'-trespass owinf^ 
to aiiy kind of violonce, i.e. before a foray, or before plunderen^ or any 
▼iolence whatsoever." 



JXTDGMENTS OP CO-TENANCY HERE. 95 

There are three *airlim'- trespasses, Le. there are three leaps Jcdo- 
which are made upon the grasB or upon the com, and they are freed írom pajing 'f™'!? ^^ 
'smacht-fineforthem. Every 'airlim'-trespass before a dog, i.e.in ^(r^ 

runningoff beforeahound. Or a man, i.e.inflyingbeforemen. An ^airlim*- 

trespass in consequence of heat, Le. when they ((^6 co/t/e), are run- 

ning from the heat of the sun. r f ear,' Le. before a plnndering party,*or a • Ir. Prqf* 

haná of depredaíors. Or an ^airlim '- trespass owing to any kind 

of violence, i.e. whatever violence it raay be, Le. thunder or lightning. 

' Smacht '-fine is paid in five days after trespass 
with testing of the grain as to hardness and bare- 
ness. * Smacht '-fines are three-fold by right, the 
third of which is set aside for oats. 

If it be one Jdnd of grass that is paid for another 
at the side or at the extremity ofthejield, whether it 
be hidden grass or coarse grass, let the fines be paid 
according to the arhitration of the co-tenants. 

'Smacht'-fine ie paid in fíve days, Le. the thing which is com- 
manded hy lato to be paid by him** istohe rendered at the expiration of five days ^ Ir. From 
after the coramission of the trespass, i.e. * the sacks,*i.e. there is a 8tay' of three days ^*^' 
upon (^for thepayment of) the *sraacht*-fíne, and a delay in pound of fíve day8. 
W i th t esting , Le. of * the sacks,* Le. that they are not bittcr (^foul or maw- 
kishy. As to hardness, i.e. thattheybenot raoist. Bareness,i.e. thegrain 
which they eat bare, that it be not dirty or chaffy, i.e. that it be well coloured and 
bare, Le. without chaff. *Smacht*-fines are threefold by right, 
i.c. there is a threefold dirision of the * smacht '-fine by right. The third of 
which is stt aside for oats, i.e. the third of what is for oats and for 
barley, is for the oats only, and its value is one-third.« e r p ^ 

If it be one kind of grass ihat is paid for another, i^t, Uurd of its 
if it be grass that is given for another grass as compensation, i.e. if it be rich vaiue, 
grass that has been spoiled in this case, let him (the trespasser") give twice the 
quantity of poor grass in return for it, if he has not rích grass. At tho 
Bide, Le. long. Or at the extremity, i.e. short. If it be hidden 
grass, Le. of the wood. Or coarse grass, i.e. of the mountain, Le. of 
the moor. According to the co-tenants, Le. the compensation f or 
that trespass ú áccording to the opinion of the neighbours, Le. the arbitration of 
the neighbours decides upon it, unless grass eqnally good is obtained for it as com- 
pensation, and his not having grass of the same nature is the reason ofits being 
decided hy arbitration, 

Question — How are land trespasses estimated ? — 
From its rents ; if it be winter grass that is injured, 

• A stayy Le. the períod during which cattle distrained remain upon security in 
the hands of the owoer ; but the * 8tay ' comes first, then * delay in pound ' follows 
it, and then ihree days of grace called "T>Tvei|n imcoimTii^tei*' in the Irísh 
Laws: vide Senchus Mor, vol. 1, p. 79, tí seq. 



96 bp^eocha Comaichcefa CCti'Dro. 

MEXTO Óf BCí^^F^P' Í^^ tiojiscafi anx), 'Da qxian a pochiiaca ife a 
Co-Te»- caiche ; maf fampefi, if qiian. 

Caip^ — can miceTV caictie citve? .1. comai|iam cana|* a meifem-. 

naigcetina anca w) nicTiep. fiipn peTvanT). CC|*a pocTip.acaib, .1. a|i 
ín pefiann pein popinncap, m pep. ecTiam no anecTiam miMcep. anT). TTl a 
5aimpe|i, .1. moD Tie ye\i ín seimfiiT) oip.5cep. anx). "Da cfiian a 
pochpaca ipe a caicTie, .1. na cfiian na T)ei5qfieici aca ína T?eip ocii|* 
ina naifiLim i|ye-D aca ina aitilim nama ; uaip. ceicjxi meic aca na peip ocup 
T)a miacTi na naiplim. "Da cfiian pocfieca ccca ap cifi cumaile th) necTiam 
ip pepp. co cenn cp.i |vaici iffe^ uiL 1 peip T^i^uin peoifv ecTiemonn geim- 
|ieca rcqfi tan ime, .1. ctvi jx^ibuitt |W|* nactví fiaici, .1. T)a |Xífieputti p©i|* 
nseimpe, ocup yxípebutt 1 peip an ixxmpait), ocup ip e pn cpian na cp.i 
jXípepott. Víiaf |xxmpep, .1. pep m c|ximpai'D, ip cpian a buit na |?ei|*,ocii|* 
na aiptim crca na cnptim nama, .1. T)a miacTi ina T^eip, ocu|* miach 1 
naiptim. 



Caiche muc íTla jleiéif fefi caichach amtíil caiche 

o*D.,i226. cech|ia olcena. IHa fochlait) cifie [cip.] fo|x aill co 

OD., 1226. fio 'Dlomcap. a Tieafitif c- [i.] co íiticajx 'Da ech a cofiaic 

o'D., 1226. octif leicaji anx), co [na] coiglen ni a fiacla af oc a gleic. 

1f anT) if 'Deafitifc. 

Leé caichach a caiixfce, o caichach ma caichac naiche, 
OCíx aca i n'Dlige na feine btiachailX oc cac cechfux 
O'D., 1226. FP'^ '^® [fceo ai'Dce] ; if 'De aca con'D bo btiachailX i mban- 
foillp ; a mbeic i mbtiaile fo la'&ti an oitce ; ina mtica 
1 feif 1 foil a nai'Dce; ina bai bic a mbo'oainsen ; eich i 
cmb fxech ceachra no a nin'oe ; caip.e a laif. 



> Fair renL—' "Oeiscpeic ' is glossed * cendach * in Rawlinson, 487 (O'D. 2115.) 
* * Tir-cumhaiU.^ A piece of land measuring 12 * forrachs * in length, and 6 in 
breadth, Vidé C. 252, and O'D. 1462. Vide aUo yoL 8, p. 835. 



JUDQMENTS OF COTENANCT UERE. 97 

twothirds of its rent is ihe fine for the trespass : if •^'^- 
summer grass, it (thejiné) is onethírd. Co-TEir- 

AKCT. 

Question — How are land trespasses regalated? i.e. I a8k whence are estimated 

the trespasses that are committed upon the land. From its rents, i.e. on 
the land itself it is known whether it is profitable or unprofitable grass that ia 
injured on tbe occasion. If it be winter grass, i.e.'if it be the grasa of 
the winter tbat is injured therein. Two-thirds of its rent is thejin e 
for the trespass, i.e. two-thirds of the fair rent » or price that is paidfoT ita 
' fels '-trespasSf and * airiim ^-trespass is what is paid for its ' airlim '-trespaas onIy . 
for it Í8 f our sack8 that are paid for its * f eis '-trespass and two sack8 for its * alrlim *- 
trespass. Two-thirds of the rent which ia paid for a * Tir-cumhaile' ■ of 
the best land to the end of three-quarters of a year Í8 what Í8 due for*feb*- 
trespass in a meadow of winter grass-land over a fullfence, i.e. three 'screpalls* for 
the thrce-quarters, i.e. two * screpalls * for * feis '•trespais in winter and one ' scre- 
pall ' for ' feis *-trespas8 in summer, and this is the third of the three ' screpalls.* 
If it be summergrass, i.e. thegrassof the8umraer,itÍ8one>thirdof whatisdina 
for its ^feis '-trespass and for its ^ airlim '-trespass that is due for its * airlim *.tres- 
pass onIy, i.e. two saclcs for its ^ fcis '-trespass, and one 8ack for it8 * airlim *-trespa88. 

The trespasses of swine. If they eat the grass, 
they are trespassers líke other grazing cattle in 
general. If they root up the land, other land shall 
he given until the proof of the restoration of the land 
is completed;* that is, until two horses in yoke are*ir. Untu 
brought and left there, and it is seen that no part lu^^m^ 
of the earth stick to their teeth while grazing on it. 
Thus is it tested.' 



Half fine is diie for ' tairsce '-trespass by day and 
full fine if it be trespass committed by night. For 
it is a maxim in the law of the Feini that eveiy 
kind of cattle should have a herdsman by day and 
night ; from which is derived the saying " the cow's 
sense carrier is her herdsman in the bright light ; " 
that they should be in an enclosure at the fall of 
night; that the swine should be in their stye by 
night ; that the cows should be in a cow-fastness ; 
horses in their proper fetters or in a stable ; sheep 
in their fold. 

> Thut it Í8 tested^—The original Beems to be def ectiTe here. 
VQL. IV. H 



98 bjveacha Comaicticefa CCTiT)ro. 

J^^PQ - Caictie muc, .1. cinca na muc. CCmuil caiche cechfva otcena» 

cln^'Sew' '^' ^^^í^^cmca na cet|iaotcena óilecena um jMach 'ouinecaiti o|itiu. TTI a 

AVCT. pocTitai'ó cip.e, .1. maD coéaiLc in calmun •00 ne. Vo]\ ailL, .1. cití 

— eile inn ap. |H)n aicTisma. Co fio 'olomcaii, .1. cu p.an'Dcati no gu 

nai|*nerDicheti •oeip.banne |*láinci ín vep.ainn |\o cocta'ó ann. "0 a each 

0*D.,1226. a cofvaic [.1. cofxae^ac, .1. na lieich mx), ipn peixan'o iaTXT)ain]. Ocuj* 

teicatv an'D, .1. ipn t^etxanT) na heic. Conacoiglen ni a piacta 

a|* oca 5leié, .1. cona •oestena ni 'oon catmain a piacta aff aga 

jXMgeitc 1p an'D i|* •Deatvupc, .1. ip an-o i^^ •oeaiibcín'De |*táinci •oó 

[.1. •Don •Dea|\]. 



0*D., 122C [CC T)eixofc ; •Scuí^irnx va ech anii a cojiai'o ifanii coiia coig- 
tecm foro taf 1T1 ngleit fin, if ann 'oloniraiti a T)efiofc. ÍT\ax> ^teic 
txo ^etiT) na Tnuca, if amait ceaqxu a cataig. Cia \\o bai 1 feTti 
bfieitaib ^ac ctaf |\o ctai'oeat) vo Unai> vo afibami ataitt "00 
* {mbiTn, a^xba \ieai> ba uccca teo fticcoii ceilte ín catTnun v\a cofia'o 
fcroefin ; "00 •oeocaTT) qaaTa|\uni fO|\ airh^in neic b|\onnai|ianii. 
*OuTnecaite qia, TTneoúan i:a|\n|\T)o céite .1. a]\ai> ocuf aiqfveba'o 
fottfcu'ó ocuf fotta ocuf uocta ocuf an ocuf aifi^ftu. 



íTlTach ofi TnuTC Tnotp., teit Tnerch cacha ceifi, ceitfiT inaTfn 
cach bainb ; no T)ono tet tneié a|i cac niuic nióifi, cechfxaTntu 
fneTch cacha ceifi,ocuf T^anraiTn cacbaTnTii. Co |iuict ceityiT fect; 
TianTnanT)a ará in \i^th fo ; t\irh fojif na muca niofia cern biTrr 
ann. 1f aifii if tu^u fot\f na banbu nia fo^xf na 0156, uaift Tf 
tu^u a nuumaitt ina ceachfiib. 



Leach cachach a caijif ci.i. tetv'a<^«íT^timein taeicai|if5iin tae; 
tan fiac ai|\-time tae no ai-oce 1 caii^f ce nai-Dcho ; cuctiuma pef ocuf fiui- 
fieD na hai'oche. Cuc|\-uma aip.tim ocuf |iuii\e'D in tae cafi tan íme caé 
nae; pef na ai'ocheocuf a fiuiiiea'D conaca|iT\accain iat\ nai'oche ina taij;e, 
tán t^aé t^efi in'ocib; ai|\tím ai'Dche ocuf a caitifse» tec t^iac t^fi in-Dib ; 
tiuifxeoD tae ocuf aititim tae ic inan'oa ; techpiach aitttime 1 caitxfge tae. 

* An equivalerU. — * CCicsm ' propcrly mcans a restoration of the same thing to the 
oríginal owner, but it is frcqueiitly, as in this instancc, applied to *'the making 
good," or giving an equivalcnt for any loss, damage, or injurj'. 

■ Tvjo horseé in yoke — The grcatcr part of tho rcmaiudcr of this tract is takcn 
from the MS. E. 3 6, in the librarj' of Trinity Collcge, Dublln. Ra-wliusonjiST, wants 
the glosses ou the second part of the preceding text They are taken from E, 3 5. 

' Carnfing. — For 'imeacan ' of the text, the meauing of which is doubtful, C. 
82, readfl * imfea'oain,' which means ' drawing,* * pulling,* &c 



JUDGMENTS OF CO-TENANCY HERB, 99 

Thc trespasses of swinc, i.e. thecrimesof thepigs. Like the trespasses Judo- 
of cattle in gencral, i.e. like the trcspasses of every other description of cattle íí,*°'Iw'' 
when thc fine for man-trcspass is charged upon them. Iftheyrootupthe land, awct ' 
Lc. if rooting of the land be what they do. Other land, i.e. when other land is i... 
givtn f or it by way of an cquivalcnt» oj the land which thet/ rooted up. Until the 
proof of thc restoration, &c., is completed, i.e. until tho certain 
reclamation of thc land which they rooted up is announced. Twohorsesin 
7 oke,s Le. they are yoked [?] Le. the horses on it, on the land afterwards. And 
are left thcre, Lcjthehorses on the land. That no part 8tick to their 
t e c t h , i.e. 80 that no part of the earth 8tick in their teeth in grazing on it. T h us 
it is tested, Lc. it is then it ccrtainly is determincd that it is restorcd to its 
hea]thy statc, i e. the land. 

Its testing : let two horses be unharnessed andplaced there yoked 
together to graze, when in grazing they do not pull up a sod, it is then 
the test is scen. If the swine have eaten the grass by grazing, their 
trespass is like that of other cattlo. Although in the old judgments 
it 18 ordered that every furrow which they should root should be 
filled respectively with corn and butter, for they deemed it just 
that the land should reccive ybr the injury done it an equivalent in 
its own produco ; yet it afterwards was exchanged for restoration 
of the thing which was damaged therein. Man-trespasses are, 
caiT^ing" (loads) over your neighbour*s land, Le., * aradh '-trespass, 
*iiitrebadh '-trcspass, * follscudh*-trespass, * fothla '-trespass, *tothla '- 
trespass ; * an '-trespass, and * airgsiu '-trespass.* 

A sack is t/ic Jine upon a large pig, half a sack upon every slip 
{young J>ig)> ^o^^ handfuls* for a farrow pig ; or, accordiiig to others, 
half a sack upon every large pig, a quaii^er of a sack upon each slip, 
and two handfuls upon every farrow pig.** This addition extends 
to four times sevcn animals ; but it extends to the entire number* » j^ w^n^ 
of the large pigs. The reason that it is less on the farrow pigs *^^ ore 
than upon tho large pigs is, because their nimbleness is less than 
tliat o/c&ttle. 

II alf fíne is f or 'tairsce'-trespass, L&half thc fínoof the ^airlim'-trcspasB 
by day for * tairsce '-trcspass by day ; the f uU fine of ' airlim '-trespass by day or 
night for *tair8ce*-trcspass by night; the * íeis '-trespnss and ' ruirindh '-trespass 
by night are cquaL The * airlim *-trespass and * ruhrindh'-trespass by day over a full 
f cnce of any person are equal ; for the * feis '-trespass by night and tho * ruirindh '- 
trcspass when ihe cattle are found nftcr the night Iying, there is full fine for * feis '- 
trespass due for them ; for *■ airlim*-trcspass by night and * tairsce '-trespass there is 
half the fine for * feis '-trespass; *ruirindh '-trcspass by day and 'airlim'-trespass by 
day are equal ; half the fine for ' airlim '-trespass is dtte for • tairsce '-trcsi>ass by day. 

* ^ Airgiiu^-trcitpass. — TIiis remarlc ab«ut ma'.i-t:c«passcs appears to be quite out 
of place here. Itis not easy to determine the difTerent sorts of trespass meationed. 

' Hand/uls. — * Mam * Í8 as much as can be taken up between the two pahns of 
the hands held together. 

^Farrawpig, — That is, a yoang sucking pig. 

VOL. IV. H 2 



100 bfieocha Comaichceíxi OCíi'Dfo. 

JuDO- O'ocachacTi ma catach aiT)ée .1. ogpach aiTxtinie in tae caifii^e no 
MBMTBOF hai'Dche. CCtv aca a trotise'ó na peine .1. atv aca anT)ti5eT>in pene- 
Co-Tiof- chair. Cni 'oe .1. irin lo. 8ceo aiT)de .1. iji|vne boDein. 

AKCT. I «^ • • 



.1. CoTTiÍTi^aifxe rfxa: cia cfiurfaiT)e a tiujilainn ceaqia ocuf 
fealb ? .1. T)ia ba T)éc f 0^^ ala, ocuf f ecr; n^anrma ocuf fecc muca 
octif fecu cai|ii§. tíí ríagcro oi]\c na buain a comin^aifie co 
lunafoó. tlí fio bfiiataix la caé ín ala af\ coin ocuf ceacai|i ocuf 
ceoéfiaf , ocuf crogenitafx uctd vm ceille ; crofioT^niax) a comiTt- 
^ai|ie fia fiaT)naib amuil t)0 coifeax) fop, naT)ni cmn ocuf |iaca, 
acc maT) ofi conaib allca nama. Ronaf af\ a comín^aifie, ní céiT) 
an ceoqfia na ceaciiá faiiim lafxum, acc vo ai^xfena ín mai|ic t)o 
ficconaib. 



Cefc. — Cia lín faeficaip, T)o comingaifxe? ÍJín: pe|i cifxe 
nama, aix T^ligitp'óe la caca ceacyia vo ingaifie T)o ; cia bécT)ona 
bó no allau faift, no cai|iiu, no T)ono gamain no allau, ocuf 
ni cofimaig lá ; céc fip. baiT) ve, ní T^ibaif) la. 



Comin^aifte T)ono, no ai|vim fofi meiT) fealba caic T)í T)ífi mem 
aifime .1. bo co colpac fofi ina'ó T)aim ; colpaic o meiT) T)aifiiT)ap, 
if fO|i incro bo ciaJaiT) ; ci af beifiiT) aT^aile [T)am] fOf\ ineT) nT)aim, 
bo fofi ineT) bo, a§ f o]\ ine'ó aige, a^i ^calaiT) T)ia boin f eac ftoT)am. 
t1i ciUfiaiT) comniae ín fCfi-Dam y]\^y an aiT^ife, níf T)ia ceacfxa 
f aT)efin f ofia a Unf a an aiTiini T)? i^viDn-p. ve ; a]\ a va ^ót) fO|\ 
ineT) caiT\ec, ocuf T)ia cuiTxa \:o]\ inat) T)oiira, vi T)aifx foft incT) 
éolpaige, T)ia colpac \:o]\ inef> bo, bo co colpach fop, ina'ó n-óairii. 
Ho'Cajxb, f uafDaumha, ocuf T)amconcliaiT), ní ciagaD a comftainT), 



CiT) fo T)efia fon? Ilín. 1n caixb cecamuf, if cuma T)aifii 
fiT)e a ceacfia faT>epn, ocuf ceaqia cac aín bif oca 1 mbuaile. 
X)am concaif) T)ona, if cuma ímT)irfiT)e a ccaqia ocuf ceacfia a 



» Common pastwage. — Thia coramcntan- is not in II. 3, 1 7, nor in Rawlinson, 487. 

t No engagement ia given hy one toihe other. There Lj no contract between the 

parties ("cpminoncrs ") as to ordinarv accidents ; they are in the same position a^ if 



JUDGMENTS OP CO-TBNANCY HERE. 101 

Fall fine if the trespass has been committed hj night, i.e. Judo- 

the f ull fine for ' airlim '-trespass by day for * tairsce '-trespass by night. For ^lí^'Jw' 

it ia a maxim in the law of the Fe ini, i.e. for it is in the law .-^ " 

01 the Femechus. By day, Le. iu thc day. And night, Le. in the night _^ 
itself. 

Common pasturage* : what is its natiire as to the green of cattle 
and flocks? i.e. twelve cows in a herd, and seven yearling calves, 
and seven pigs and seven sheep. Farrow pigs or lambs do 
not come into the common pasturage until Lammas-daj. No 
engagement is given by one to the other^ with respect to protecting 
tlie herd from dogs, quagniires, or cattle gorings, or from what they 
may do to one another ; their common pasturage was arranged 
before witnesses, as if upon securities and guarantees, exoepting 
protection against wild dogs only. Aa to what is legally placed in 
the common pasturage, no trespass of cattle or quagmires is con- 
sidered with respect to it afterwards, but the carcass of the animal 
which Í8 JdUed shall be shown to witnesses. 

Question. — How manyare freed from there^Mndbilitieao/the com- 
mon pasturage? Answer — The owner of the land only, for he is en- 
titled to a day's herding for every head of cattle on his land; for al- 
though there should be a cow or its value (equiválent) duefrom him, or 
a sheep or a yearling calf or its equivalent, and it does not add a day; 
though these should be separdted from him, it does not lessen a day. 

Now, in a common pasturage there is a calculation made of the 
Bize of each person*s cattle* to adjust his responsibility,i.e. a cow with •fr. Pottu» 
a heifer in lieu of an ox ; heifers from the size at which they are 
bulled pass in the place of cows ; though others say it is an ox in 
place of an ox, a cow for a cow, a calf in place of a calf, for two 
cows graze more than^ the great ox. The equivalent of the bull is *Ir» Bejfcná, 
not put in this enumeration, there íb not of his own species o/c&túe 
any even number that would fill up the number which would be 
required for him ; for two^ecse are in lieu of a sheep, two sheep 
in lieu of a * dairt '-heifer, two * dairt '-heifers in lieu of a * colpach'- 
heifer, two * colpach '-heifers in lieu of a cow, one cow with a 
* colpach '-heifer in lieu of an ox. The great buU, the * suasdamha *- 
ox, and the *damh-conchaidh'-ox do not come into the enumeration. 

What is the reason of this í Answer — The bull, in the first 
place, bulls equally his own cattle, and the cattle of all 
which SLre with him in tlie enclosure. The * damh-cónchaidh '-ox 
equally protects his own cattle and the cattle of his neighbours. 

they had come to an agreement reciprocally to thls cffcct, excepting alway8 the 
case of wild dogs (the property of one of the parties). 



102 b|veacha Comairhcefa OCn'Dro. 

JuDQ- comcnéeac. l^" cnfxe fin tií oagaiT) cofiai§ce a Tian\ifn, a|\tif 

Co-Tec- cama |\oníc cac a leaf . 'OligiT) cac baacaill a biatcró. 
AJfcr. 

TTltica T>ona, ní na^oD m\\ coniai|\nie aix muca aif , ínge n|\ 
ffobai^e co meaf . Conifa T)ona, flan cac comfa cac cumaró cac 
comín^aijxe, acc inT)|\cr6 no inT)^iac no al^nin. 

Cia fofiai ceaúfia cúic pfii fiaile acr jxiil^Si'oe no ^tiiniT^e, no 
cona a fa|\bai'D aicea|\tif cac a chin pjcroif oi^aib? TTlaT) cró 
|\o roi|\ ancnll, ofi^aj^ T)ono cm a§ no noifi^, octif |\annaiT) ín 'oa 
mccfic nerofi|\o i nT)e, fobiú bef ^^\if ir fiosofir no comma|\r cm 
05 T)ia lcnle; aCx ní ercq^ a fio^ofir a nefir nerafifto. Tlo, ma 
feaf\fi laif, voce]\T)ac cfiatm íin an a§ mbeo vu^ ci T)a lína 
onefien T)o alaile af. Ire a mb|\eaca annfo rfia, mtina fecqfDOfi 
5tilniT)e fofif in nag ftiam ; Dia feafoap, b€f\eaD in fefi bef ae 
mai\c a cti^e, ocuf aff\ean a ceile a§ fx> lcnll do ; octif mcró freo 
f\o roi|\ cm a§, fo cefiT>ccq[\ cficmn |x>f\fio a htif\lcmn fealB DOf 
cia Dib Do roc broba do rabaifir, octif T)ombeif\ iaf\t]m in rí Dia 
mir, octtf aneif\ineD a ceile do tifilcmD fealb octif ceacf\a. Oir 
ma|\r cm cn§e acaf\|\rti, octif anitiil fODcnlir cm eifice tf cniiltirD 
ficmncnD mafir cm ai§e aca|\fio. 



CCf T>e ara conT> bo a b«achaitt.i. tf T>e if cormcRrh'Do nabocnb 
a mUrachaitU CC mbvaitai-D .1. na mbo .1. a fam|\aow fllax) mvca 
.1. 1 foit 1 fawrc na mnca ipn narocu 

«T. TTTttca imtif\|\o: mtic of\|\o caca feip, octjf bcmb cac ai{\lime, 
ocnf a§ a nDn\e feoif\; cq[\ Dtigro ín fo^ealrccó pn a ImcoméD co 
tét|\. €C feif a foil fo ceit|\ib|\oiDaib ín aDai§,oct!f mtnccnDe ocaib 
f|\i De. Tf De if beri\ ipn Corj\ féme btc; X>ia mbei) mnca 
inoarDref\,af\tif cf\ti ctimaifi af\ feif feDOD beil mtDbcró bf.ni tsaiD 
mln|umiD nacef\anaf\ ninncnf\ im coca ctaife coc aen comaf\ba 
eo:f\ coif\mef mmní^ef . 



nTaT> bo, biD 1 mboDatn^ean.i. btcafit>ain$8n nambo^ 1 mboai* 
tro no 1 mbortss^ 

"^ 'Wfd ^cofliifa* hefe trandated 'eooimoiia,* mxr mean « 
^»^^^ h»lifnM^u woiJJsigBify, "Aitoaglf of piga^tTeiy 




JUDGMEXTS OF OO-TEXAXCT HERE. 103 

For ihis reason * coslaithe '-cattle do not come into the enameration, 

for all stand in ne^l «..f them equallv. Everv herdsmiui is reqaÍFBd Co-Tm- 

to feed them. 

Pigs, too, do not come into the enumeration of land stock onless 
thev be old pigs, excepting on wood land with masts. As to oom- 
mons,* eTenr commons is free to evenr grarier of the commoQ 
pasturage, excej^t for plunder, or trespass, or knowledge of crime. 

Whv are the cattle of all placed together, except gorers and 

fierce cattle, or that it is from the wounding that evenrone shall 

claim thefine for his attack from him ? — If it be a calf that has 

killed another, let the other that has killed it be slan^tered, and 

let them ((A^ oum^ers) divide the flesh of both between them into two 

e^tial parts, because of the killing by the former ; or, let the flesh of 

the Idlled calf be divided between them ; but this cannot be enforoed 

between them. Or, if it be preferred, let thon cast lots for the live 

calf to know which of the t wo should pav the other for him. Hiese 

are their judgments here, unless the calf had never been known 

before as a gorer ; but if he had been known <u sucM^ let the man 

whose propertv Le is take the flesh of the calf, and his neigfaboar 

shall give him another calf ; and if he slaughters the calf, lots shall 

be cast uj>»»n them on tbe grwn of the cattle to know to which of 

them the guiltv i«arty !»y right should be given ; and the man to 

whom it l^as fallen afterwards obtains him, ond his neighbour gives 

him awav in the green of the flocks and. cattle. The flesh of the 

ítlM calf shall be between them, and as they divide the ' eric '-fine, 

so thev divide the flesh of the calf between them. 

From which is derived thf faTÍng ''the cow's seaie it 
her herdsmaD." Le. it is írom tlús it is jomI thal thdr herdsmaxi m the Maae- 
caiTÍ^r to thr: cv.'«rs. I n a n encl o s n re. Le. oí the cxfwi, Le. ia the soBmer. 
I í p i g s y Le. into a stjt zhe rrine sbjJl go in the nigfaL 

That is, as to pigs : a pig ú thejine upon them for everv ' feis '-tres- 
[ass,and a farrow pig for evtrv *■ airíim '-trespass,and a calf as 'dire '- 
fine for grass ; for it is right thar pasture should be whoUv guaided. 
They should lie in a stve nx f<>ur PDods by nig^it, and they shoold 
have a swinehenl bv dav. From whence it is said in the lave 
oaned * Coir Feine Bec ;** *• If there be a swineherd, it (thejine) is 
increased, for their stve should be at the meeting of roads that lead 
into the middle of farms which are partitioned into small divisions, 
e&ch * ooarb's ' di'.ision beii:g niarkc<l and divided by furrows." 

lí covf. Itt tlien be in a co-x íastnefs. Le. let ihna te in the 
ÍMiiiiem If^h tr*c!tdf<r th' prJidiín *A the cowi, in an inclossre or in ocv-housei. 

fittcr «tf pigs is free Id graz^ oa er-erj cimmcas ereTj common {««tnnge,^ ác 

' Oir Ftime Bec-^A^tneí Dot ho-vini b<^. Tbe tnxubtion U the extnct it 
«aljr ccB/ectvaL 



biicarlia Comafclicera ÍTnTifo. 



Jiíoo- .1, Cia 110 bomiii finacra majia ami, ceitp.1 1« itnbe'O na hiti- 

Co-Tui- i>ille, ocui" caemna in ciixe au)viioi, iia lie-ou ipii céc i.'eii", a can- 

*>r(iT. m[>e ifonLa yeij-, LetroiLre neic ODiwjieufwii ii' in qfiear ^ic 

o'óitre nei6 uTijvoivafTíajv ipn ceac|vainuT) ^eif ; aiiuf o]uic ocuj' 

acTwB lajv Tin, Ij- amnc rjia af jvanmMi]' jTiiacca cecomuf, aíc 

na liejvUnieanna TiofI.ia mtfe. 



CaniírofaiDe? llin — Ciiilím neigne jiiacoiiino'Duine; ejilím 
jlia cojvainti no aibeaLl, no etjiLim aíc a'Ofvoiiiifiiaiii a miiai'o 
jiiapu ivoT)jven5aiicanif. lcóeijiLimeannaím u'DÍceanfmacca. 



Co vucoD cjia fojv Tiofvca ocuf Txijvcaige La coemno ín tnic 
ocuf meiT) (n jve, conoi é f madc j:oixa ■oncaf'O a f eimeoó. Ciaf- 
beixcro ataiLe if ósetjvtmi acc tio coifeoD va nog vec iiiD, C«c 
meií caC utgaib o vvm co wijirai'ó j^vi jreif, ucc if fcif cac tige 
cac cajxjiaiSe. Of niffo beg in njv jvo hojxraji onn imbi Tif bi 
feojvji miac no caijveac 1 cojia* bif aiin, iiiircji anf bef pu, ocuf 
w beijv 'ofabul j.xjcjioice caji a eij^. 



Cefc — CiBaramiceiii-on? Mfn: — TTijv j^ cjiean boin coceann 
mbtianna, itiu iniaO Tiec iwno focjveaiiarD fon ; occ meic aji 
SeoTOfuacr, ocitf a cecaiji n\\ famj^aíc. TDaTi 5emi.'uacc og jio 
ojiccijiann.afjveoninajvahoéciiiD, ocuf oa**^"'!*^ P"!^- Tnoft 
juinvuéc jvo bopeojv ann, an^eniDeoii ceitjvi meic inn. ocuf ag 
a iiDipe o j'eoijv. 

CCfjveaniTJojv cjva narmoccaTnaqieifi lajv jxjsaiLocaiíajiaif, 
mana eijvltScejv cjia i cojvaib bel; oen jTiiacc ojv cac ceotjía an 
fio^a foji cíp. l]-e ín jTnocc jnt ajv cac ceorjva Díb, miac caca 
yeifi, ocuf l<c meic cac eijxUme oji cac j-eíc mbaaib. 



Cieb I cti)b|\each cvchca no nn ninTie .l na hncfi <na 
caiin)iech rAA^beé, In cenn n" hac htn n«*niljib. 

.t, Cich, afntotea amailcacceocjva j.x)seatrTn>fjii na hnivsa- 
bato Dianoijfv jrejv CCjx Dogaib na heo(o ocuf cBi'nitiÍciof , ocnf uca- 



'nt'r 



JUDaMBNTS OF CO-TENANCY HERE. 105 

That is, thoiigh there were great 'smacht '-fines therein, four sadcs Jui>o- 
with tho iucreasG of tho cattle, aiid thc protection of the countrj ; Co-Teh- 
these Ciises occurred for the lirst ' feis *-trespass, a second in akcy. 
tho case o/a second * feis '-trespass, forfeiture of half what arrived 
for the thii'd * feis '-trespass, entire forfeiture of what arrived for 
the fourth * feis '-tresjmss ; for it is tying and dwelling afber that. 
Thus they used to divide tho * smacht *-fines at first, except in case 
o/ihQ *airlim *-trespasses, which do not desei've forfeiture. 

What are these ] Answer. — Forced leaping before a dog or a 
man ; leaping on account of thunder or sultriness, or a leaping, but 
so as they are pursued before they could get over. Such aro tho 
leapings for which ' smacht '-fines do not lie. 

Until it amounts to a * dairt '-heifer and a yearling with tJiefi^ie 
imposed hy the protection of the place and length of the time, the 
* smacht *-fine to which it amounts is to be proved. Though others 
say that full leaping-fre5/>aí»w is committed, if twelve calves have 
gone into it {ihefiM), A half sack ia tliefine for every animal from 
the ox to the * dartaidh *-heifer for * feis *-trespass, but every lying 
down in which it (tlie aninial) is caught is 'feis.' If the extent o/ 
land which had been damaged on the occasion be so small that 
the produce which is there is not better (iiwre vcUtcable) than a sack 
or the trespasser,^ let tho value of it be estimated, and he shall 
obtaín double the hire (re^it) afterwards. 

Question. — From what is that estimated ? Answer. — L^nd which 
a cow pays for to the end of a year, it is twelve sacks that would 
pui'chase this ; eight sacks for the cold season, and four sacks for 
the hot season. If the damage has been committed in full winter, 
eight sacks shall be paid for it, and a calf as 'dire '-fine for grass. 
If it be in the summer that the damage has been committed, four 
sacks shall be paid for it, and a calf as * dii*e '-fine for its grass. 

They shall pay the * smacht *-fines in three days after the trespass 

has been committed, unless indeed by verbal engagements it is 

otherwise arranged ; it is the same * smacht '-fine that shall be paid 

for every kind o/csXÚe that is caught upon the land. The ^smacht '- 

fine that is iipon every cattle of them is a sack for eveiy * feis '- 

trespass, and a half sack for every *airlim*-trespass upon every 

seven cowh 

Horses in their lawful fetters or in their stables, i.e. tbe horses 
in tbeir lawful fettcrs, the head to the staple in their stables. 

That is, as/or horses, the 'smacht* fines are like those of any 

other cattlo which consume fodder after their being taken in treapass* 

For the hoi'ses are taken and detained (i,e, impoimded), and notice 



106 bfiecccha Comaichcefa OCiTDfo. 

JuDo- baiTi'D '00 pfi heve heic, T)iaTi ipearoaft ; niuTia rearDaft, acabainx) 

MENTB OF , - • 

Co-Tbw- ^^ '^"^ cisefina bef nefom, ocuf oc 'oun bjieiceaman na ruaici, 
AHCT. ocuf oc cejX'Dca gobann, ocuf oc pfiimcill na ruaite ; ocuf ara 
bainT) fomlaig fo na cftica olceana ocuf comnícuf coc, 
* * * fon T)ia CU1C la T)éc, no fichic ai*óce, no míf , of T)ian t)0 
n fe]! bíT)e héich fie naimpfi a niúma. Ocuf aa fo^ealra'ó fil 
T)oib? ílin : — TTliac cacamíf T)o buaib ocuf eachaib,míac ocuf lec 
meirh t)o T)am,muna cuibnigrefi ; T)ia cuibnígceft imuft|io,if miaé 
caé lai co naiT)ci. 'CeiT) ín ciajifaige fo cominnfxice fftif afoafc, 
ftannaiT) a fo^ealrcfo arafiftoi i rwe ; muna rí imuftfio, if 05 a 
fogealcaD T)on fifi cuibnígreft. 11 a f\o meata a fafc fofif in fep, 
cuibni^cefx, ocuf T)ia t)i a ceile co níafiaift cecra, ocuf co pcfo- 
naife ínT)p.ic, ocuf co naetaib,fOf\uaifliceaf\ ín coimT>eaT),bep.ai'D- 
fiT)e a ceaqia, ocuf af|vean fogealccrD. 



Ciofa fogealcaT) fon ? .1. miac caca mif, a^x uf fogealcaT) 
ceotfux fil T)oib afuije, ní fogealcaT) achjabala. 

TTlcró on mí fin ín nonn, ní haclaig cia fojnaijcefiinnaib .1. 
a n'óomaib ocuf eacaib ocuf ba blecca vo bleogan ; aéc ní ceic 
fogealcaT) fofifto ín fié fo§naT). 

Smacca focla ocuf cocla. 



Pocla T)in, T)am T)o chig ocuf f cuifteaT) ann a cifi a ccile, íni 
comiftc T)oíb cíaf a haiftm ín fto f cuifif it). Tlo f cuiftfim 1 n^x ínT) 
fifi feó. Tíla foftcon^ftafom a rabaijic cf nac faemafom, iré 
a]*[ieanaT) caice a neach lafium. 11 o a]\aile T)ono, aT)cífium na 
ffiiana leo, ocuf ní ímcomiftcba T)oib, if rufa affiean ín cacaig 
fin, maT) aínbpf T)ono T)aím ín z\]\ ín ]\o f cuiftfeac a neoco. 

'Cochla T)ono ; afbeifipum ffti T)aíiíi ani]\a fcof, ín rifte ; if 

* Are detained. — There Í3 aii erasiirc hcre in the M.S. 

■ The lceeping, — That is, of the cattle out at grass irndcr thc care of proper herda- 
men. 

^^Tothla'-trespass. — ' Fothla' ustially meanfl 'cluding,' /evading,' &c., and 
'Tothla,' 'demaud,' 'claim,' 'rcquest* 



JUDGMBNTS OF CO-TENANCY HERB. 107 

is ffiven to the man whose horses thev are, if he be known : if he is Judo- 

. MBirTB OF 

not known, notice is given at the *dun*-fort of the nearest lord, and Co-Tkn- 
at the *dim'-fort of the Brehon of the territory, and at the forge of ^^* 
the smith, and at the principal chnrch of the territory ; and notice 
is likewise given throughout the neighbouring territories, and they 
{Hie horaes) are detained' till the expiration of fífteen days or twenty 
nights, or a month, if the man whose horses they are does not arrive 
before that period which ia that of their delay in pound. And 
what expense of feeding is due for theml Answer. — A sack every 
month for cowa and horaes, a sack and half a sack for an ox, unless 
hc has bcen impounded ; but if he has l>een impounded, it is a sack 
for a day and night. The keeping* comes under the same estimation 
as the impounding ; they shall divide the expenses of feeding in 
two between them ; if he {the otmer o/ the cattle) does not come, the 
expenses of feeding are entire to the person who has impounded. 
If the man who has impounded has failed to give the notice, and 
if his neighbour should come with the lawful following, and 
with worthy witnesses, and with oaths, tlie lord shall relieve 
him, he shall obtain his cattle, and he shall pay the expenses of 
feeding. 

What are these expenses of feeding 1 A sack every month, for 
it is feeding for cattle that is due for them in tliis instance, not 
cxpense of feeding for distress. 

If it be after this month nothing is demanded if service is obtained 
from them, i.e., from oxen, and horses, and milch cows which are 
milked ; but no expense of feeding is charged* upon them whilo ' ^t, Qoet, 
they render service, i.e., do work or give milk. 

' Smacht '-fines for * fothla '-trespass and 'tothla'- 
trespass.* 

' Fothla '-trespass is committed when a party of people come and 
unhamess their horses in the land of a neighbour, asking what place 
it is in which they have unhamessed. Ye have unhamessed in the 
lands of this man. If he has ordered them to betake themselvea 
from thence, and that they do not comply, they shall pay for the 
trcspasscs of their horses afterwards committed. Or — it is other- 
wise, indeed, i/ he sees the bridles with them, and lie does 
not question them, it is thou who shalt pay for that trespass if 
the party are ignorant of what land they have unhamessed their 
horses in. 

As to * tothla '-trespass, now ; this is said of an imknown party 
who ha^^ unyoked t/teir horsea in the land ; and thou hast given 



108 bp,eacha Comairhcefa OCti'Ofo. 

JuDo- amTie ín coirce DOib rcon ann, acc na-o neibne voro belaib nama ; 

MltiCTB OP 

Co-Txir- crf ^fot affiean ín catai^ f in ia|itim amuil hív a ceccqia fxroefin. 
AKOT. po fioifit ímbe'D fmacra faiúci beici a cfxeib. 



C28. 



Caifiis ina liaf, .1. na caitiif; t>o bich ina cixti. 

[.1. Caifiig imofi|io, ir fmacra aifilime 7)0 fui'oib, a|i ni fil 
fcfa 'Dotb, .1. T)amna feifxrfe caca aiftlime f|ii lom, T)amna ceficle 
•oe 'Di^tiin.] 

CCta 'Dono oiicc coíiftan'Oa ciíi'oca pfii qxec, ocuf 05 
confian'Da citi'oca f[ii tiec; oijxcc peccca bif a tif no a 
faichce, linjeaf eiftLím a tigofxc faicce fa '01, fa cp,i, 
fa ceachaifx, an aen laiche ; ní línj iintififio, iti cfiec acc 
aen efilini ; conf uxn'oa'D chin'oca laíiuni í n'oe. 



OC5 'Dono, confianna cinaiT) f[ii he'D, fOfifistT) gealeaf 
cafi ^eilc nín'Dfxic, no cafi iine nín'Dfiic 

a!co •Dono oficc .1. aca'oonooTic tjfifvannaf cinaiT) |Vif in C|iec |iif 
in naitbln 1 puitic fecc nanmanna P|\,i cjvec .1. im cucfitiina 0^1710. 
Octif ag .1. 05 utifvannaf anaiT) |\,if in ciaec |iif m naitbín 1 fuitic fecc 
nanmanna pof ím cactiuma. 0i|xcc peaca .1. in peca fobi ina uivc. 

.1. in coiftc peara bftifeaf a]\ •oiif ocuf bejxeaf eotuf |ief in 
Cfiec, ctic|iuma ffti 'oa nanmanna vo fmacc f aifi, ocuf f|ii haen 
anmann •oaichsin. 1n fecc canifoe ceiT), cucftuma ffti ceicfii 
hanmannaib faift "oo fmacc, ocuf cucftuma fp.i T)a anmanna 
T^aichgin. 1n cf,eaf feacc ceic, cucfiuma fpi r|ií hanmanna 
T)aich5in, ocuf fpi fecc nanmanna t)o fmacc faift. 1n ceac- 
fiimce fecc ceic, cucfiuma fpif in cjiec uite f aif\ vo f macc, ocuf 
cucfiuma fpi ceicfti hanmanna T^aich^in, ocuf af e in cfiec 
befteaf cac feacc. 

1 Sheep in (íieir fold.—i:he text herc is from O'D., 1226 (E. 3. 6, p. 2, col. 1). 
ThereadinginO'D., 2172 (Rawlinson 487, fol. 05, p. 1, col. b), is '•caír\ea 
tiaf ;" and that in C. 28 (H. 3. 18, p. 12), is '*caiTiiS illutf ;" the orthograph/ 
varying a» usual in the diflferent MSS. in nearly every single word. 

* The liUer. — O'D., 2173, has here, *' There is as large a fine upon the pet young 
pig, ns upon seven animals, vho gocs into the garden the fírst time. . . There 



JtJDaMENTS OF CO-TENANCY HBRE. 109 

them to understand that it is allowable to unyoke there, although Jxjua - 
thou hast not said so by word of mouth ; it is thou who jmjest for co-Tw- 
that trespass afterwards as if it were thjr own cattle that had comr ahct. 
mitted it, It may reach the amount of * smacht *-fine paijahU for "~ 
trespass in a green adjoining a house. 

Sheep in their f old,' i.e., the sheep to be in thelr fold. 

The sheep have fines for * airlim '-trespass imposed upon them, 
for there is no fine for ' feis *-trespass, Le., the makings of a spindle 
(pfwooV) for every ' airlim '-trespass into bare grass^ the makings 
of a ball into preserved grass. 

There is a small pig that shares the fines with the 
herd, and a heifer which shares the fines with the 
herd; a pet young pig which is Ize'pt in an enclosure, or 
in a green, which makes * airlim '-trespasses into the 
garden of the green twice, thrice, four times in one 
day, but the herd makes but one 'airlim'-trespass; 
they divide the liability afterwards between them 
into two equal parts, 

The calf, too, pays equal fine with that of the herd 
ivhere he is a trespasser that passes over the lawful 
pasture, or over the lawful fence. 

There is a small pig, i.e. there is a youDg pig which sliares the fine with 
theherd, with the fioclc in which there are seven animals. With a herd, i.e. 
the same upon thcm. And a calf , Le., a calf which shares the crime with the 
flock or the herd in which there arc seven animals, in equal parts. Pet joung 
pig, i.e., the pet of the litter.' 

That is, the pet yomig pig which first breaks through ihefence^ 

and shows the way to the herd, there is a * smaeht '-fine' upon him 

equal to tliat upon two animals, and compensation equal to that 

of one animal. The second time that he goes, there is a * smacht *- 

fine upon him equal to that of four animals, and compensation 

equal to that of two animals. The third time that he goes, there 

is compensation upon him equal to that of three animals, and a 

* smacht *-fine equal to that of seven animals. Tlie fourth time 

that he goes, there is a * smacht '-fine upon him equal to that upon 

the whole flock, and compensation equal to that upon four animals. 

And he leads the herd each tima 

is on him on1y the same fine as on ever^ other caiimaX the first timc, the same as 
on two, however, every time from that out'* 

*^8macKi*-Jme. — That is a fine for violating the law; 'aithghin* is com« 
peiuatioii for the actual trespass cominitte4 in injuring the corn, grass, &c. 



110 bfieocha Comairhcera CCiTDro. 

J'">Q " Ví)a T)o cuaix) a aenap, ^a q\í pia paDnaib, ocuf fvo hícpeaD 

MKlfTB Ol^ 

Co-Tbn- caé na, ocuf fitic q\ec in cect\amaT> i^ecr, cuqxuma |t\i va nan- 
^^' mannaib paift x)o fmacc ocuf pfti haen anmann T)aiT;h5in. 

ÍX)a T)o cuaiT) na haenap, fo cp,i f ia piaDnaib ocuf níp, hicoD 
nac na, ocuf fvuc qnec lap, fin, cuqnuma pftif in qneu paifi vo 
fmaóc, ocuf cuqfiuma ffii ceiqni hanmanna Dairh^m ; no, ma vo 
cuaiT) a aenufv pa qni, ocuf ni fio hicaT), ocuf fvuc qnex; in qneaf 
feaóc, cucfvuma ffvi fe hanmanna faifv vo fmaci;, ocuf cuqiuma 
f|Vi TTfVi hanmanna Daixrhgin. 



ÍWa T)0 cuait co fa t)í a aenufv, ocuf ní p,o hicaD in cec fecr:, 
ocuf |vo hicao fn feéc TOTiifoe, cuqvuma ffvi Da hanmanna faip, 
Do fmaéx; ocuf f|vi haen anmann Daixrh^in. 

TTla T>o cuaiD co fa t)i a aenup,, ocuf fto hica* ín cec fecc, ocuf 
i\i |vo hicaT) in fecu canffDe, cuqnuma ffi fecz: nanmannaib faift 
Do fmacc, ocuf cucfvuma f|vi Da anmanna Daich^in. ^amlai'ó 
Dono fn caj. 

bif a tif, .1. call. ílo a f aichée, .1. afnuich. Lingoaf eifvtlm, 
.i.t1n5i'Ofeicatiateimai|\,aTVÍn v©T^noa|v1n a|iba|i. Pa 'oi,.i. cofaT>o. 
Pa cfii,.i.copactii. Pa ceachaiTV**i*copacei;haiTV. CCn aen taiche, 
.1. 1 naen to coic inunn he in can if cncTitinia aifv ocuf aitbln i pmtic fecc 
nanmanna. Í41 tlng imuTitvo in CTvec,.i.noco tingenn incaitbin aéc 
aen teim aiTV in can if cucfiuma oTVfvo. ConTvan'oa'o chm'oca laTvum 
! n'oe, .1. if cani up,ftanaic a cinca ecaTVjvu lajvum a|v •oo, im cuc|vuma 
aiyvfium i n-out anunn co pa cechai|v,ocuf o|V|iof um i n'outinun'o aenpeachc 
CCg 'Dono, con|vanna cinai'o, .i. if e cuic ín T)ono an'o, 'oona mucaib 
tvo aifnei'D Tvomainx). pop,p,j;i'D s©«teaf, .i. pefi mait occi, ocuf ceic 
catv aifibi'D -do faigi'o veoi|v aiti ; no -Dono, geitc eipntvaic oia, ocuf ceic 
catv Ime n1n*D|vaic. 



.1. PoftTVgiD af anim do o ftachaf af a Dag fefv fein a nDog 
fCTV neic aite, cid aft ime an co beD ; no af a dtvoc feft T^ein a 
nDo^ fefv neic aite o buf cafv íme Deac, no 51D raft imme p'n co 
becro Deac af a Daig fe^v fein a nDa^ fCTV neich aite. ííi f,aire 
fx^TVTV^iD fTVia cia no DicfcaD af a D^noch fe|v foin a nDaig ye]\ 
neich aite, munab caTV imme Deac. 

> Law/ul — The word *inD|vuic ^ means * worthy, pure, honest, períect, complete 
lawful.' 



JUDGMENTS OF CO-TENANCY UERE. 111 

If he haa gone alone thrice before witnesses, and he (his treS' j.^y^ 

° ^ UWST8 OF 

pasa) has been paid for cach time, and that he has led the herd the Co-Tbh- 
fourth time, there is a * smacht *-fine upon him equal to that of two ^^cr . 
animals, and compensatiou equal to that of one animal. 

If he has gone alone thrice before witnesses and has not becu 
paid for cach time, and he has led the herd afterwards, there is a 
* smacht '-fine upon him equal to that of the herd, and compensa- 
tion equal to that uj^on four animals ; or, according to others^ if 
ho has gone alone thrice, and has not been paid for, and has led 
the herd the third time, there is a * sm^ht *-fine upon him equal 
to that of six animals, and compensation equal to that of three 
animals. 

If he has gone twice alone, and has not been paid for the first 
time, and has been paid for the second timc, there is a * smacht '• 
fine upon him equal to that upon two animals, and compensation 
equal to that of onc animal. 

If he has gone twice alone, and has bcen paid for the first time, 
and he has not been paid for the second time, there is a ' smacht '- 
fine upon him equal to that of seven animals, and compensation 
equal to that of two animals. The calf indeed is similar aa tojvrus, 

Which is hept in an enclosure, Le., within. Or in a green, le.,oatAÍd«, 
Makes 'airlim^-trespasses, i.e., be leaps a leap, a leap ovor upon the grass 
or upon the com. Twice, i.e., two times. Thrice,i.e., three times. Four 
times, Le., to four timcs. In one day, Le., it is in the one daj he goes over the 
fence when there is ajine upon bim equal to that upon the herd in which there are 
seven animals. But tho herd makes hut one ^ airlim^-trespass, Le., 
the herd leaps but one over-leap when the fíne on them is equal to that on the pet 
youngpig, They divide the liability af terwards between them into 
two fi({Vi9A part$y i.e., they di^ndethe fines afterwards fair1y between them into 
two equalparttj an cqual share on him for havinggone over four times, and on them 
íor going over oncc The calf too pay8 equal fíne, Le. theforce of theparticle 
^ too * here is, because it waa oí the pigs we have treated before. A trespasser 
that passes over Ihe lawful pasture, i.e., he had good grass himself, and 
he goes over a palisade fence into other grass ; or, indeed, he has unlawf ul paitnrage, 
and he goes over a lawfuP fence. 

A trespasser is the name given to him {t/ie calf) when he goes 
from his own good grass into the good grass of another, whether 
over a hedge or not ; or from his own bad grass into the good grass 
of another over a good fence, or whether he has gone over a fenco 
or not, he has gone from liis own good grass into the good grass 
of anothcr. He should not be stjrled a trespasser though he should 
have passed from his own bad grass into the good grass of another 
unless he has passed over a fence. 



112 bfiecrcha Coinaicticefa OCnDpo. 

mík«Óf ^^^P* — cai'oe m íme iiTDfiic ? — ÍTla'D copxi, cofia q\i 

^■^- tiag, qii qiaigce a leirheaT), 'oa 'do|xtiti 'Deg 'Dia haiffDe ; 

— maT) claf, qii qiaigce a leirheaT) ocur a 'Doimne ; 

qiaig a leirhea'D np lafi nichrafi, qxi qiaige a leirheaT) 

na maigne a ctifica|i in mti|x, ocur qii quiigce, a naitiT)e 

in miiifi. ÍTlaT) nochc aile, jebai'O pT)e piii T)am, 

o*D. 2174. fctiiche ; ni T)iceaT) fcuiche afi a T)luice, ocuf [ni] T)icec 
T)am afi a haifiT)e, ocuf a T^ainjne ; T)a T^ojmT) T)ec T)ia 
hai|iT)e ; qii buncaifi ínT)i, buncofi fofi a hiccafi, ocuf 
apxxile inT)e ofia meT)on, ocuf aiiaile faifi ia|i nuach- 
cufi, co fiuguT) cach cuaiHe lafi nuachcufi, ocuf lamcufi 
T)oib co nach ufifaema ín calam ; ocuf cju beimeanna 

o*D. 2175. faifi T)a [f]afica [a ceanT). Ocuf] qiaij co ftuijje 
T)eil noiiT)an iciti cac T)a cuailli ; qu T)ui|inT) foc ín 

O'D. 2175. cuaille uofa anamain, ocuf cíp. T^ixaigain f aifu T)ia 
mbe faifi [in ime f eo], if T^ichfogail oji ceaqia 

OT). 2175. lj> amne ci'D in T)ui|iime icifi [a] aijiT)e ocuf [a] 

0*D. 2175. 'pltiiche, ocuf [a] inT)[iucuf. 



Caip.— caiT)e in íme iiit)]\ic? .i. comaificim caici aicíme na hime 
•Dliséig ici|\. Tll aT) coiia, .i. rna cloicli tyf ocu]^ cloch vojifiu anua-p. 
CC leicheaT), .i. la^x nícliruti. CC leichoa'D, .i. lap, nuachcufu CC 
T)Oimne, .1. luji naip.x)i. 1 a^i niclicap,, .i. laii nichcup, fi|^. CC teic- 
lieaT) na maténe,.!- ín niaiT) i cui^iceii m mup. lafi níchcap, a mui|x. 
CC nait^.'oe in muiji, .i. -puai^. '5^'^'^*''^ piT)e VT^^ T>am, pcuiche, 
.1. gabai'D piT)e |\ipn n-oam ocup ]\)y m pctnci mbec ÍTi T)iceaT) 
pcuiche, .1. nococeicin ní pcucliupna |x?oca cjxic afi T)tuiclii. T)icec 
T)am aft a huni-Dc, .i.nococeic in •oam caifiip op, áifiT)e, .i. in T)aT)0|in- 
T)ec CC T)ain5ne, .i. nocu cum|x:ai5enn fe a]\ a T^uín^ne. T)a T)0finT) 
T)ec, .1. na cfit buncoii. Co iiu^u-d cucli cuaille, .i. cop,ab c|\iiinT). 
1 aft nuacbcufi, .i. nufiab clec fiama. Lamcufi -Doib, .i. a cufi -Doib 

1 Bunchor-bandt. — Bands of oziers interwoven betwecn the standards, or 8takcs. 

*Afnatlet — ^This was for the piirpose of flatteiiing thc head or point of the 
stake to prevent it from hurting cattle. See O'I). 155G. 

« Interwtavirifj rck'kcnrvrh. — For ' uufxi unumain,' of thc text O'D. 2176 bas 
*ua|^f?enamain.' 

* ' Bunchor^'bands, — There is something wrong hcre in the MS. 



JUDGMEST3 OF CO-TENANCT IIEUE. 



113 



Qiiestion — What is tlie lawful fence? — If ít be a 
stone wall, a wall of thrce stoiiea, its dimensíons are 
three feet in' thiclcness, twelve hands in height ; if 
atrench, three feet in width and in deptli; its width 
one foot below at the bottom, three feet is the 
breadth at the place where the wall is placed, and three 
feet is'' the height of the wall. If it be a naked fence, " 
it shall bea defence against oxen, oiití small cattle; the 
smallcattlecould not pass throughitfrom itacloseness, 
aiid an ox could not pass over Ít from its hcight and 
its firmness ; twelve hands are its height; three 'bun- 
chor '-bands' in it, a ' bunchor '-band at the bottom, 
another in the middle, and another at the top ; in 
auch wise that each stake is rounded at the top, and 
they are puahed down by the hand in order that the 
ground may receive them, and they are each etruck 
on the head with three blows of a raallet.' 77ifi length 
of a foot as far as the joint of the big toe is io he 
between every two of the stake3 ; three hands the 
length of each stake, over the interweaving wicker- 
worh, and a bIackthorn cre.5t upon it. If it be thus 
made,° it is a defence against the trespasses of cattle. ■ : 

The ' duirime '-fence is BÍmÍIarly formed as to/e 
height, and closeness, and lawfulness. 



Co-Tui- 
h.lu- 



I isk how is Ihe Iswtnl 



1, i.i,, lielow Bt [be 



QueBtion— Wbal !b Ihe Uwfiil tea 
feMe Itnowii. If a w«ll o/ thrte iloj, 

i-e., ac the tap. la depth, Le., in beigbt. 
boltom. la the breadtb Hl (bc place ahtr» ihs aall ii placetl, i.e., 
of tbe plice wbcre tbe will is placed at tho hattom of the wbII. Tlie height 
Of tbe wil],i.e., up. ICshall he ■ deleaceaffaínat oxea, &c.,i.e.Jt 
ihall beafence againit the ox and thc sniall cattle. The ■maUc>ttli,&c, 
l.e., wbat crops the briara Aova aot pBU throagh lc in conHqueuce af ita cltneneta. 
That ■□ ox, jLc., i.e., Ihe 01 docsnot goovcrit oa Bccount of iti hHÍBht,Le., 
tbe twelvehonda. 1(1 Grmncea, i.e,, It ia not remDved on accotmt of ita Bnnaeaa. 
Twelve banda, Lc. the tbrc* ' bunclior'-banda.' Each ataka Ii 
ronnded >t the top, i.e., tbat tlio^ bo mund. At Iha lop, i.e., tbat 
th*7 be aot lih: oata. ruahed down bj tbe hand, Le., [hraat bj tbe 
VOL. IV. I 



114 biieocha Cofnaiclicera CCii'DfO. 

Jimo- olainiiCOTia vVv*'"f""''r*'°''l'T'"^'''-''"''"' ^im'b co pn<a« vrtt 

*"*•* '"' noifDan, .1. co ■oeTtnt nit ofiTiiin, .1. ciioig co iiici tn inan, 1. ra bon 111 

abit"" **''^S''nn'n ohthi jiipn CTWiEn), icip. cuC •Dacunillc- Uofa anamain, 

. . ,1. uofa pgi min po uneomuin iia ciiii TTiaigln- Cíii -o 1x0150 >n, .i. mp 

fiDOcficuiL. T3ia niljtt v<"IVi-i-'na «lOT'oil'iii «enam pti aijiif Titeos- 

Ixii'oi T)0 110 cectiiwnb Iie. 1 j" amne, .1. if amlai'ó pn iwno íii tmijtíme. 

1ei|t aitiTia ocu r vtui cti e, -i. in 'Dana 'oop.nT) i>ec, ocof cona "015 '" 

fcuiclio eilic 011« Tituiclie. In-Di^ucuf , .1. cen 1^*50, een berui, cra 

botina. 



SmacTic peaca cliuifi|ie octir cipce, ocur peoca oif, 
oruí' peaca miccine, ocur peara feiTieoíii, octif peara 
fiiiTiai 5. raipsille naijiaib ; ire inTii-iii a caidice. 

ííniiirlic poara chuiT\iT.B, .1. nfl 
t/>t. pnafc IMH]' na anmannn fa. peaca oif, 
peaca micciiie, .1. amuil na cona cennTia. Peaca fetneoin, 
.1. fvbtiicc. T^aijisilLe naitiatb. .1. -oo íiiiTt coiT\piU.i icaicin a 
fmaáca, .1. seU, coiTiir?inecIi ntpt, ^eU, Tia fcpepaU,: ocuf tf TWit a 
■conn icÉaip, fmuíca ina i»slaibcomaicTicepi. 

.1. Ctticte ortii'oe qia, cofn, ocuf geoiT), ocni-ceapcti, oeufpea- 
rata ÉiiiTiive,ocitj' beich ; o'oaifpiUe mninlcad ceatjia -01« mbe 
cuijxsilLo nmjxaib; muna be, acaijisille atnuil caá ceodina 
otcennti. 

Caicíe beacb rjia, it) caitfbe pl tio futíaib, ni raijxsitle. 

Crt jx) ■oej^a fon. aijie or» tirainiiaié, ocuj- ni piL raijiceallo 
ftHiai'), ocuf fobii iia natjitcansea-o uile í maUe, oii if no etjxlí- 
niiiann unn fin na ruiLlB airbjin na j-macca la connciu ? .1. etji- 
ífin Tiia najitfraji a nepaTi fjvtf fo fecba'OfUín cjia eaicnita, co 
naC ujtufa can lifc a iincrt, "Oia cacafó pL ■noib, .1. cacaii) tiia 
cojvat. 

Co bejtanaji fn cotaig Tim cojial llin - amifen a coiUxeii na 
tieicb,T]o beijx fn \tfí atsaiji coinjiuc fojif in iniL jMn,co ceto a Lúini 
^abuLoí, ocuf j-o jeutLu'o lujium. 1p bjxeat if cotji tajium itne, 
jiQinTi fn meatu Twib 1 rjvf .1. cjiian 1)0 ujisnam, ocuf qviun tjo 
iMjafaib, ocuf cjiiun do cip. CC rjiian tn cfjie j\anncaj\ f on a cjií 

< //)U drlaÍHt all lÁal •cill 6t latd him Thls' 

mMn— "I( lio (Itia nimi tiijurrd l>y bet*) n 

hiiii, In tliit rus hn iniiy lixili nlLar irupaue) hv heea in niich nianniM' Lhi 

iiiil lio lU]' tar Ibs OTriicr nl tiiv b«ni lu cMnpc pajriiijj liíin cuinpcnsatÍDii 



JUDGMENTS OF CO-TENANCY HERE. 115 

hand,sothatitcannotbutenterintotheground. A foot as far as the jointof Judg- 
the big toe,i.e., to the articulation of thc big toe,i.e., a foot till it reachcs the place, ^5^^'' ^^ 
i.e., the polnt where the big toe scparates from the foot, betweeu every two stakes. xxcY. 
Over tho interweaving, i.e., over the fine interweaving of ozters over ■ 

ftgainst the blackthorn crest. BIackthorn crest, i.e., at the top. 1 f i t b e 
thus made', i.e., if it be of this make it is impregnable tothccattle. Sirailar1y, 
i.e., the * duirime '-fence is also thus construcUd. As to height and 
closeness, i.e., the twelvc hands, and so as that the small cattle could not 
pass through it on account of its closcness. Lawfulness, i.e., without spi^es, 
without spears, without pointa. 

As to the 'smacbt'-fine for pet herons and hens, 
and pet deer, and pet wolves, and pet old birds, and 
pet foxes ; there is an additional pledge upon them ; 
this is for their trespasses. 

The *smacht*-fine for pet herons, Lc. all Unds of birds are Vuihh to 
Jines like the hens, i e. there is half * smacht'-íine upon these animals. Pet (leer, 
i.e. likethecows. Pet wolves, i.e. like the domestic dogs. Pet old birds, 
i.e. hawks. ^dditional pledge upon them, i.e. for addition their ^smacht*- 
fíucs are paid, i.e. there is a rclieving pledge, a pledge of two * screpalls ; * and it 
\a for this * smacht '-fines are paid for their trespasses in co-occupaucy. 

As to the fines upon *aithids/i.e. dogs, and geese, and hens,and pet 
lierons and boes ; their additional pledge is the same as that of all 
animals, if they are liable to additional pledge ; if not, their addi- 
tional pledge is like that of cattlo in genei*al. 

As for the trespasses of bees, it is trespass^/te* which are due 
for these, not additional pledge. 

What is the reason of this, for they are swift, and there is no 
restraint upon them, and because they fly not all together, for it is 
for these ' airlim '-trespasses they do not incur restitution or 
'smacht *-fine in the co-occupancy? Le. * airlim '-trespass,if he detains 
all that will be told him,* he shall now look to trespasses so that it is 
not ea3y to avoid paying for their damage. There are two fi nes for 
them, i.e. a fine of (consisting of) their produce. 

How is the fine of thcir produce paid ? Answer — At tho time 
of smothering the bees, the mau who sues makes a seizure of that 
lioney, and it goea into the keeping of safe hands,' and it is after- * Ir. Hand 
wards siibmitted to award. Tho decision which is light to nmke 
afterwards concerning it is, to divide the honey between them into 
three paHs, i.e. a third for attendance, and a third for the bees, and 
a third for the owner of t/te land. The third aUotted for the land 



haps, it should bc rendercd, i.e., "an *airlim'-trespass in which they delav so long as 
to commit damage, it is not ea3y to avoid paying for thcir damagc." 
VOL. IV. I 2 



IIG Oiicactia Comatclicefa CCiiti|-o. 

.itiit:- ,1. q^idn Tje T)on f-ni ben a beich ^0 birli ín njie a^ a irofieijnjnTi, 

Co-Ti™- '" civian naile Tiannran fon lOfi na cBirjie comaicaib beM 

Asrr. neafa vo, .1. 1 nibeit biaTi. ITla faai;li Laif ín comaf pn ca6 

blitrtam faip, t)o beijx f aiÉe cafi comaicait befo nefoin. 



Cfií cinaiTi j>o Cijic .t. foxal.,ocuf ■ooiiraT), octif coj^ba-D. T^opa 
baipjena fepFiiine cona nannlann ; ocuf ife meicin annLaniTi < 
fincomnsuccacttbaipEineTJib, ocuf a íecai:; ocof in caTibnii ty 
tno miUn) nu ceite, if -oe icciiti na baip^ina jin if in cinoiTi tto 
niac na cep.ca rtfcis. "Oanina ceopa i-'epcaf beca p'u leefcpepuU. 
ina CTtiaiTi 1 lif .1. inaetflucaD bet, ocuf loc poiT)i ocuf coinT)t, 
ocuf Tiocon ainuil fosai!. comaiÉrep fin, acc a mbic amuil btcbinCe. 
CC cpi cinatT) .1. j-eccap (.if [.1. po bacliaib ocuf muillentl") 



ocuf peTiaipbapbap; ocuf apfecccepcaibbeof acainpiclifiTi, 
ocuf noco ceic caipif. tla pecaTia en uili uinuil na cepca ima 

foslatb coinaiccefa ; ceopa • • 



OD 2175. jj^ j|m[_| p^ amuiL na cepca iin a fogla coimcefa. tla ci» cl 
fogLa acis. foacal, ocuf copba*, ocuf Tiopcali. tC riii cc fo^La a 
lif, maetfLucoó bech, ocuf loc pcji'ó ocuf cainninne. 



T^eopa baipsina tna pagaiL acig, ocuf t«c fcpepalL a lif no a 
Lubjopr; ocuf méit foppa a feccup lif,aiiiuil, na puba eile Mo 
T)ono cena, comu fiacli bicbtnci uacib if na becliaib ocuf íp in 
aicb. If aiin aca a neipic a Tiubpainup pomainn o tia cepCOib 
an inbaTD acd ati coíinéc a Tieip tjLijc'Ó oppa .t. cofaiU. fmpa, 
oeuf muna bec, co mbia'ó pac "Duine caici oppa. 



tlapecaenuiLiamuiLnaceapcaimufojLaibcomaicefa. Ti^eopa 
baipgina a cinais, no fecc iianmunn T)ib a cig, ocuf lec fcpepall, 

' • Rmdh'-plaaii.— Vid» vol 2, p. 420 o, 121. 

tÁitdmillt. — Twuntj-five letteirs li«Te b»D hen cat airi^with partal iha lower 
mirgid ol E. 3, 6, pngo 3. 

> 0/co-ltaiuwy — The MS. E. 8, 6, i» here defetlJvB. Wh«t follnw» np to tba 
«rtiíle on hoiinil trelp«Mei,p. 120, i» suppli«dIrom O'D., 2176 eí «j., «nl C. 2Sl j 
Sn Welsli LniTS, p. 092, fotia editioa. 




JUDQMESTS OF CO-TllNANCV IIBHE, 



117 



Ís Ítaelf lUWded into three parts, i.e. a thini of Ít w gieen to the 
tnan who owna the beea on ftccount of the land fi'ora which thej 
come, the othor two-thirds aro tlivitled between the foiir neiireHt 
neighhouring fnrms, i.e, where food (/or tfie bea) is. If thia dis- 
tribution of it every year ahould be deemed tu-csome, each nearrat 
farm takes a swarm. 

Tltere are three tresj^aascs of the hen, i,a, snatching awaj, 
siiilling, and waating. Thejine is three cakes of man-biiking with 
their condimont ; and the amount of this condimeut is lú eqtuil tLe 
thicknoB3 and breadth of etioh cake of them ; aud the com which Ís 
more Íujuretl thau tbe rest, it ia of it thefte cakes are ntade which 
are p.iid for the trespass tho hona commit in a hoiiae, Three cahei 
Jor Iheir Crsípass in the hou»e. The makingB of tliree spindles 
(fuU o/ toool,) which are worth half a 'scre|m.ir i* paid for tlieir 
trespassos Ín an encloBuro o/ti garden, i,e. the soft swallowiug of 
bees, and the injury of ' roidh '-planta', and gurlic, and this is not 
as trespBss in tbe co-occupancy, but is regai'iiled as TÍciousness. 
Their three trespnases outside the onclosure, i.e. in kilns and 
mílls' • " • ivnj on com-atacks ; and on seven hens tliia 
adtUtÍou Ía, and it does notgobeyond them {tíial nwitber). All the 
petbirds are lu tho hens as regards their ti'espoasca of cotemmcy f 
thi-ee • • • 

All the birda are as the liens, with respect to their trespasaea in 
the co-occupancy, The tbreo hon-trespa.'wea in a houae are snat<-li- 
ing away, wasting, and spilling. The three hcn'trcspasaes in an 
enclosure are soft Bwallowing of bees, aJid inj uiÍDg ' mdh '-pUnta and 
garlic, 

Threo cakes w t/ie Jtne for tlieir trespaaa Ín a lioiiap, and Iialf tt 
'acrepall'inanoncloam-eor lierb-garden;aud 'the sacís' arc charged 
U|x>n them outaido tho encloaure, like othor trespnssora. Or, indeed, 
accordijtg to otiiere, it is fioe for thievishness' that is piid for íAeir 
«leaííoWJÍ'isthe bees.and for f ref/HZMM m tíie kilu, Whei'e the'eric'- 
fino which we have mentioned above is paid for tho hena ia whon 
tho reatraint wliich the law orders ia upon thero, i.e, boota of raga 
upon them, and if they be not upon C/ietn, a fine for man-treapaBB 
shaU bo iipon tliera. 

Al! pet birJs ai'e like the hena with respect to tlieir treapuascs 
Íu' co-tennncy. Threo cakos is í/te Jitie for the tros]«iss of every ' 
acven birds of thom comniiUed in a hoiise, and hajf a ' sci-epail ' in an 



Co-Tn- 



. ■ rA.erWiMíí.— The •bilhtrinche' 
ir Irejpassing. 



\s ai:!\\ntei. Iiabil ul i 



118 bjieaclia Comaidice]^ CCiiTifo. 

Jcra- (, )_,j.j,^ Q(.„^ i^-f. fl,e,ci) a i~ecc(iii lifr- ^«P ^" í"'^ "'^ f^i' 

Co-TsK- ocu]-al«rcaivlerínie, ocurcin iiimaf cín íme iciTi. Cu coclilinb 

■*»«■ umpu ffn ; no ■oono, po cuifi a inbaile of po bu cínnci leif a 

' nemciaccain off ; fiacli T>uiiie [caiúe] iiniipixo, foppn mnn« 

fuilicr cocla umpu, no miina|i la iac conaip, aff po bu Éin'oci 

teif a nemcraccain. 



T!*opa bniTxsina fepf nine co na nannlmin bpe]>a(n caca paiclii 
ap fé baifjfna banfume, rpi baipsina coipci ami, ocuf an 
céuna -Deopna ; uaip if aiiiíuTO íeéap metc ín comaitcefa, let tio 
coipci anT) ocuf lec 'oeopiiain ; ocuf nf curpuincrt a loj, uaip 
in roccmat pann oCrmojat: -co pinsinn log na rpi mbaipgfn 
coipce,ocuf in'feLxma^pann fefcariiopinsinTiapnarpt baipgiiia 
eoptiat. Ocuf cabuip na fé baipjina pn op cpi baipjfna fep- 
f uiiie, feopling co Let ocuf rpi ponna cifeoplinj ocuf Tiecbnia'6 
ín TiechniofD Tipeopltns toj ann, no na rpí mbaipoin ipn. Cín 
■00 niacc na ceapca if in nj aca fin. 



•OamnaT) cpi fepcuf beT^a \ím íec fcpepali íno cinaiTi a Itp, 
Lec meicb ma cina[i*] a peccap lif. 

CC cpi cinaro a cig, foia!, ocuf T)opca ocuf copbu. OC cp( 

fojLa a lif, niaetfLucu'o beac, oeuf loc pói'ó oeuf coimienTi, no 
fpi beocbu ocuf Luf ocuf cpuacba. CC cpi fojLa* a feccaplif, 
.1. pe hiirbaib ocuf muiLLenn ocuf peooipb apba; nofpi fabull 
ocuf fpi búfcuib oeuf vi^i jopcuib ; no Tiono, confi bu fosalcom- 
oiccefaTioibpum nafOElafin, acca nibecamuiLbicbinsi, ocuf co 
fecc eepeaaca in picb pn, llliach ap cipcnabi haimpicc, cumu 
lec ineiá ap cailec ; cunia rín cipci f]ii Lubgoi^c ocuf beachaib. 

[Cepcaj a caipsilU amaiL cac cetpo, aipni aipsilloD rap 
innpaic ocuf imbe ninTnxaic fpif ; ocuf cuot) Tia o]iT)lac twc, t)o 
5piiil,if fmofr fiLT)oib fpi cac naipLim ; ocuf acoimméT) ap na 
TJiccfet) Z(i\i inTipaic pn, imTiibc a neTiaig ocof upcoiiiLa fopoib.] 
■ ' JCnelamrt. — ' I.i* ' nifíns hrrt, tbe flnrlpsure ut a gnnlcn where Iwei «re Vept. 

* CnHdiiwil. — ' AiiDlauii ' la niif lliiug lakca wilb liicail, sui'b aa butlet, eaiice, 
bncon. £c. Butto' and b«CDD sn Ihe tUiiiIa oi ' «ualanii ' usunll)' rcleried la ía 



JUDGMEST3 OF CO-TEfJAHCT HEHE. 



119 



cD[;Iosure,'andhaira»a«k for íre9^rM« outside ou encltHure. Thisia 
«lAti» tliei/ have iMtued over a full fence, and it íh balf ^ur trespas» 
over a balf fence, an<I nothing if tbere be no fence at ail. Tbis U 
when they Lave boota of rags u]xin tbenij or, indeed, aceording 
tootliers, he{íAeoiOTier)put them inapWefi-úmwliÍchhe fclt certain 
lhey could not come ; bnt fine for man-trespasH liea against tliBm 
unJosB rag-boota be upou tLcm, ot uuless they bave bcen aont by 
a way through wbich he waa aure tbey could not come.' ' 

Three cakea of man-baking witb their condiujent' of butter or 
bacon every quarter of a ycar, are tJie equivalent for bíx cakeB 
of woman-bafcing, ■wliicb consist of three cakos of oatB, and tbe 
I Eame numher of barley; for the manuer ia whicb the sacka of 
the co-teuancy are paid, is one-balf in oats anJ one-half in barley ; 
and tfaeir price ís not equal, for the eighty-eighth part of a ' ping- 
iuu ' is tbe price of tlie Ibree cakeR of oats, and the aÍxty-EOventh 
jioi't of a ' pingiun ' ia that of tlio tbree cnfcea of bai-ley. And 
tjiking thcsc six cakes as equivalcnt to tfirco cakés of man-baking, 
their piice will amount to a fiirtbing aud a half, and tliree parts 
of a farthing, and the tenth of the tentb of a fartliing ÍB their 
price, or that of tliese thi'eo cakeB. Tliia Ts/or íAu trespaaít wliicli 
the LeuB commit in tbe house. 

The mafcinga of tbree siiindlea which are worth half a ' acrepall ' 
art due for their ti-eapaasca Ín an onoloBure, half a aack for their 
trespass outside au eucloBuro. 

Their three trea{}asi;ea in a houso are snatching away, spilling 
and wasting.* TheÍr three trespasscs in an enclosure are soft 
Hwallowingof beea, aad the injuriugof ' roidb '-plants and garlic, or 
of bees, herba, anJ com rickiL Their thi-ee trespaaaea outnide tbe 
cuclosure, i.e., iu kiln.') aud milla and atac^s of ooru ; or in a barn, 
in lcilns ond fields ; or, accordhig to alhers, these ti-espaBaes are 
not trespasses of tbo co-tcnaucy, but tbey are to be coasidered 
tbievea,* and thia fine nins° to aeven bona, A 5iick for a hen that ' 
ia not barren, anJ hence lialf a Ba«k for a cook ; equal ia tbe J 
fine for treapa.s» of tbe ben ia an berb-gorden and for ihe injuri/ i 
vihich ehc does to bees. ' 

Á» íobena: theÍT a Jditional pledge./jie Mlikeí/í»í o/e\ery kind 
o/ eattle, for they sliall not ])aas into a lawful placo over a lawful 
fenco; and a cup of twelve incbeB, of grain, is tlio ' araacbt '-fiue 
whioh Í8 paid for them for every ' airlim '-tresi>aBfl ; and thia when 
tliey are guarded BO aa tbat they may uot pass over a lawful 
/enec, tbeir winga being clipped auJ fi[>ancela npon thcm. 

■ It'mliBj. — 'Corb' ia glHSMd 'cairpaiii,' »ri!r)ilin(;, wsslinKi «r conftiming 
' Cufljail' (anullier form of Ibc vfunl) nicans ttlso, iIíiI.vIuei dffilÍDg. 



Co-Tem- 



120 bfieocha Comairhcera OCti'Dro. 

JuDQ- lía coin aUxa,oc\if na pnnaié, ocuf na bfiaiTi,Tio na b|\uic ocuf 

Co.Tbn- ^^ 'Doain amuil na conu cennT>u um a fo^laib comairhcef a. íía 

AJtcT. h íi§ allra athuil na hai§i ceannT>a um a fojla b comaitcef a. 

g^^ Ma muca allca va .mbedf a\i cumuf neic, amuil na muca 

ceann'oa. 

ílapaóu f o amuilna ceann-Da if cofmuil ffiiu um fmacr; noif 
lec fiach uaDUib na nanmann if cofmuil fftiu, amail if let fiach 
inT)T;ib fin. 

'Ceop^a baift§ina a fmacc a ng ; cu tvui^i f ecc letf cftipuill 
f macc a lif , ocuf meich a fecrafi lif . 



^ne eile. 1n cofifi ocuf in fenen, amuic arair aanaiT) nama. 
Rié in comaitcefa cu fiuice qíii fecr nanmanT)a, cit) ile fealba 
bet ann, achT: ^u fiabuiT) a comíngaifie cona mbec ac T>enum 
na fogla ; no fiic fofi cac feilb muna fuilir a comíngaifte. 



Cai|i — ciafXí cachach fx) pch cu ffti ap. ín coniícaiT) ? 
beifiiT) chin conloin. 

01*0 fil a fogain ? buaíne ín conttiam i ralam, octif 
calam 'oafi a eife ; ocuf a reofia heimei'oe m chonluam, 
a haimeiT) 'Do ím, ocuf a haimei'O 'Do gfiurh, ocuf a 
heimei'D 7)0 caef ma 'Oifte. rx)ifcecrD cac aefDjiechc 
cona chmncaib 'Do neach fojxaifea'D, lap, 'Difte ocup 
airhjm. 



Smachra comicheafa cai'De cotan'D a peich, ap. ni bí 
O'D. 2178. fmachc achc ta cotam'D a f eich ? peji i raib no [m] aifi- 
cean'D íce cotanT) a feich. 

» Ovmershipt. — A ' seilbh* means a distinct possession, the stoclc of a particular 
person. 

■ Question, — The text in E. 3, 5, is defectire hcre. 

' Tfie feeding. — The term " conloii,"or 'conluan,' means " dogs' cxcrcmcnt," 
and i« so glosscd in C. 2783, where this vcry paragraph is quoted, but in somc- 
ifhat different language, tlius: — " Can\ — cifi caici \^o \i\c \\\ cu pfii t\\i in 
comaitcefa, cit) befie cin conloin." It is evident, however, from the gloss on 
the passage in the text, that the author of that gloss understood it as " hound's 



JCDaMENTS OF CO-TENANCY UBltE. 



121 



The wíld dogs, and the foxes, or the badgers, &nd the 'togans,' 
are «a the tame dogs witU rcapect to their treijpasses in the co-ten- ( 
iiiicy. The wild fawna are like tho tame calves with reapect to 
their trespasses in the co-teiianey, The wild swine, if they ahould 
be in one'a power, are Hke the tame Bwine. 

The vfUd deer are like the tarae decr which are like them, with 
reapect to ' smacht '-fine ; or, accardiiig to others, it ia half the fine 
of the animals which &re like them, tAaÍ i» paid for them, as it iu 
half fine lliat is obtained for them. 

Three cakes i» tbeir ' Bmacht '-fine for lre»past in a houBe ; their 
'smaeht'-fine_/br /r«rpfHs in an eacloBure may amount to seven 
half ' acrepalla,' and sacfcs are dve for iTeepaas outside the cncloBiiro. 

Anotíier veraion. Aé lo the heron and the hawk, their treapaases 
are outside only. And the fine in the eaie of co-occiipancy 
extrads*aB far as three times seven AninuUa, even though there» 
ehouldbe severaldistinct ownerships,' provided that they are under " 
coninionherdingatthetimeof committing the trespass; oritextends 
to each distinct ownership if thoy are not under common herding. 
Question'— What trespass does a hound commit 
on the laud of a co-tenant ? The feeding' of him 
involves'' a liabilitj for his trespasa. " 

Wliat is donQ in this case ? — To take awaj" the 
hound'a ordiire from the land, and sciile the land 
after Ít ; and three times the bulk of the ordure is to 
he paid as' its ' dire '-fine, ita bulk of butter, and its ° 
bulk of curds, and Íts bulk of dough. The support 
of all pet animals and their trespasses fall on the 
persoa who owns theni, both aa regards 'dire'-finc 
and compensation. 

/n the ' smacht '-fines of co-tenancy, what is the 
substance of the liabilitj'' incurred by them (i.p., on * 
their accotini), for there is no ' smacht '-fine uuless 
there be a substantial liabilitj.'' The dcstruction o/ 
the grass at the side or at the end o/ ihc /ieUl is 
the substance of the liabilitj"." 

íood,' Uking ' Loil ' to mean »s il lioea ia the modern língnsge, ' fat'i,' ' proviiinn,' 
&c. "CiTi b«i\e Cin conloni," u qnolnl iii ibe glosi C. 27H3, mfaas"vho 
bvan (or shill bar) Uie treapaH oi dogi' ordnre," ithich 'a prabi.blj the liiie 
meiuÍTig d( che clause In the t«xt, thongh Uie glosMrist underslaad it 



122 bfiecccha Comairhcera CCn'Dfo. 

JiTDO- C a 1 TV| .t. comaificim cia cin comaitcepa puaclictiaigei* in cu \\je pefiann 
p""!?^' íncomaiclns. beitvi'o chin, .i.beip,iT> ancain con in ci cucujxaTi lon 
biT> T)on coin. 



AMOT. 



.1. Caire con .i. a ceacaip,, .i. T>utTiecaite, octif a tifibach 
ceacfia, pobac natqietbe, ocuf conlon i rijx. Caift — ci'ó i fogain ? 
buaine ín conluain ftn i ralam ocuf f or t'tiT) 'Da|ia etfe, ocuf bo- 
éofi 'faifi co ceann mtf . 1n cinat'ó atle o cá ín cec chínafó .i. 
airhgin íneic fio bfionna ín cec ctn, tftn rantfDe, a baf ínx). 

Ci* fo x)e|\a fon, afi ní ze\z ceacatfi a céz ctn 1 



O'P. [Cé fio cifacr in cu afi feafian'O in coinatrtg nocan futl ní ua^ó 

21 iT-a. ^^^ inuna 'oefinna'ó conluan fatfi ; ocuf nia "00 tiotne, in cinoó 1 
nT>e]\nnai^ t>o rochutlr, ocuf út]i vo buatn aff in atfiCTx if létfi 
balarh m conluain, ocuf út]\ nn'n a comatstnua inT). 



^Xjext T)le5Ufi buaín in conlóin a ralmuin ^ein t)0 ^abufi a fu§ 
ann, ocuf a tx)nnaT6 ocuf a fálaió, ocuf úifi niín a coniai^inca afi 
fon airhpna. If T^e^iafc fláinn fin ; acc co nT^ichec r>a each 
um ca^xpuix hi cotiuicr ax\x> ocuf conglecec anT), ocuf conaiT>5len 
a pacla nf T>on feo^x o^a gleic. Ocuf a c|\i himecc in cacha afi 
|>on aich^ina, ocuf a mécT)im, ocuf amécT)o caef , ocuf a méc T)o 
5)\uch ; ocuf fn ní T>ib pn na fogcat^, ^eibiT) 5T\eim m .11. ca|\éifi. 
l)cuf maT> 1 ficmnatp fn\bunai5 tk> néc m cu conluan a[\ ín fef», 
co mlH-t f^ac 'Dutnocairi uat) an"o.] 



CiT) ptl a f ojain? .1. CTT) pilipnníaT>aifin,ifitipo5;ailcomcnchcefa. 
Oualne ín contuam, .1 buain caca in con of in ralmonn. Ocur» 
cabam T)a|i a eif e, .1. catam aili T)a|\a eip,.i.afonnaT)ociif afalaD* 
CC ceofia íieimeiT)e, .i.íncontoin ínT) atifonT)i|\e. Ina T)i|ie,.i. af\ 
fon fmatxa. ToifceaT) cac aefT)tiechc.i. coifceT) cac a]\ecra 
tio uaip T)eipT)e cona T>en.nai: T^o^aib. C o n a c h 1 n n c a 1 b, .1. t)ic, T)ia 

• F'/in'. — In C. 20, the Tea<Vm;; U coraifi, fí.iir; which penns to l>e the cnrrect 
oríí*. ' (yv(ji<n]\.' UMial!y imaiia ' dirt, íilth,' a ^tnsc -whioh the contcxt does not 
a\i\H'ar U) wttrrant here. , 

« Four tlmfj. — llie oripnal is (!efe<;tive hcre. Takin;? ' ceafaii^'. * íonr' or ** 
í|uaílruiMííl ' to \)o. tlie rorrect readiníí, the sentence mav mean, *' What is the rcjson 
oí liiix, íor a fjua'lruped does not go in pa^menl íor its tírst crime?" TaLiiig 



JUDGMENTS OF CO-TENANCY HERB. 123 

Qucstion, Le., I ask "what trespass of co-tenancy*cloe8 the hound commit in the Judo- 
neighbour's land? Involves a liability íor his trespass, i.e., the person "L^™ *^* 
who has given store of food to the hound b accountable f or the trespasses of the hound. a ^nr. 

That is, the trespasses of hounds, Le., four*, i.e., man-trespass, and 

mangling of cattle, breaking of d wellings, and committing nuisances 
on land. Question — What is done in this latter case f — ^To take 
thatordure outof the ground, and place asod thereon afterwards, and 
cowdung ú to be left over it to the end of 'a month. As to the other 
trespasses from the first trespass oiUj Le. compensation isto be made 
for the thing injured by the first trespass, for the second, the life o/ 
tlie hownd is taken.* •Ir- ^í» 

What is the reason of this, for he does not repeat the first tres- c«e. 
pass four times ? * 

Though the hound should come on the neighbour's land there 
is no fine** upon him (títe dog)^ unless he has committed nuisance Ir. 
upon it ; and if he has, the spot on which he has done it, is to be ^ *"^' 
dug up, and the clay to bo removed therefrom as long as the 
smell of the ordure is perceived, and fine clajr of the same nature 
with that taJcen away is tohe pla^ed thereon. 

What is required by law is, to remove the dog's ordure out of the 
ground as far as its juice is found, and it (the ground) is to be 
pressed and stamped upon with the heel, and fine clay of the same 
nature is to he put tliere as compensation. This is the test of repara- 
tion ; that two horses of a chariot in yoke come there and graze 
there, and if no part of the aod of grass stick to their teeth in 
grazing on it 'tJie reparation is complete. And three times the size of 
the ordure ia due for compensation, and* its size of butter, and its 
size of dough, and its size of curds ; and the part of them that is 
not obtained in the one is- to be claimed in the other afterwards.* 
And if it be in the presence of the owner that the hound has 
committed nuisance on the grass, a fine for man-trespass shall be 
paid by him for it. 

What is done in this case? What is /A« rq^ara/úm in this case, for the 
damage in the co-occupancy ? To take away the hound's ordnre, i.e. to 
takeawaythehound'sexcrementoutof theground. And settle the lan]d after 
i t, i.e. to put other earth there after it, i.e. to press it and to trample it witb the heeL 
Three times the bulk, i.e. of the hound^s excrement ú to be given for it as 
* dire "-fine. As its 'dire '-fine, Le. as ^smacht'-fíne. The support of all 
pet animals, i.e. everv valued tov-animal is reetrained by it that they commit 
not trespass. And their trespasses, i.e. to pay, t.c. if they have committed 

* ceacai|i to mean ' dirt,' or * excrement,' thc meaning would be for " excremenC 
does not go as a iirst trcspass." 

• The * ocuy^ * in the original seems snperfluous, unless it is meant for .1. 

« Afterwardi, — That is, if it be not obtainedin butter, it shall begiven in dough, &c. 



biieoclia Comaicticei-a CCnTiix). 



Jitm- 


ivoervncrc clnaiTi. Tlo neach popaif eaT>. .1. w neocíi i^unclicnaipc. 


Cft-Tíx- 


lcitVDirie,.i-naceorLaa>meici. tCich 51 n, .1. In íwi(i. 


Bmachca connchenrn,.!. mnlmaccaiscepir m ach«chorcunnm>ei 




na TTnacca .1. meich. CQme colanu a Feich, -1. mchEin in neiÉ 




imaceix ann. (Ip ni bl rmacc, .1. ump noco li in ni pnaícaijcen 




nnn ncc la caeb aichs"iti cotla na pnc .1 .meich. Vep 1 caib, .1. ín 




prra. Jl ainceant), .1. in ganiic. lce colanií ave'ch,.i.a 




iiichsin m inbaro if e no toicei) an-a. 



mbfiiJjiiicTir, ciafioiieipiT)aii1 Tlacrmbiiosa pn.ap, 
Tia liopn fieacTi biiog a coTnícaiTi, g\í ní bia pí) a np£,aii, 
nac oiiba,ftp, nach afia,a|i nac aicp,eaba; afia caipseaUxi 
cacli afui ceaqia pp cacti iiaile, poji cach rai]ifce, pop, 
caé jiuifie. 



Tnhfvusiiichc, 1- nechc viii bfini5 .1. bnuig, no ii- nlT) coip Tnpsecu. 
Cia )io neipiTiaii? .1. ciT> aimnaiceivno ciTi opa naipiomcepei-eic. 
Racc mbposa, .1. TiipiacaiDe inpeiwiim) tn ni hipn. CCii na hoiiTi 
neach bpos, .1. icin pejt ocuf aTibuii,.i-niinaT\a 70111)15^0 nech vepann 
o comaichis. OCn ni bia v''ó a cíjie, .1. ajina botnBe pn) a vepamT>. 
CCn naí opba. .i. aijibeTia iia nailona .1. cige anTi. CCp nach ona, 
.1. apnaTieiinoa aji. CCp nac aicpeba,.i. acijt, no aite, noa maille 
CCtmx caipsealla cach.i. co cuca cac ^eU, toijiitneí vpi cach cmoit) 
■00 nioc a cecbpa im ■ont cap, in aile. fon cach cai pf ce, -|. ppi|' caÉ 
cajipafcae, vpi cae cae -00 niac caiiii]". Vop •=<*' nuipe, .1. p>licach 
iwpich Tío niac. 



.1. OCrair reoTia fealba na beiiiecro bo T)ona lnb caiuaib yeo, 
.i.pu*, ocufTioilbe.ocurpoaccuaiti. 1f poiisiiibí cinani iTin pn, 
uai)i ifa nt)iím) 'oo cac ceocria oJxeana. 



T^eopa caice fíL tio ce<iciio ; ní coibeif ofpeanaoaii, .1- caiíre 
cajl aiiibe, ocUf caice caiiifce, ocuf caici iiuijHTia. ITla^D caite 
ca)i ainhe, ocuf bÍT) an ime iciii cac •oa comitach, if let catai* 

' Taa 'scrrpnlU.' — That is.lo «ecurethe obsnraiiceof Ihecotnition tiMge. Thh 
plnlgii nai bung upon a nck In th« nelghbour'a houu at the loot oí Uii bnt. 
Vid. p. 76, aWf. 



JUDGMESTS OF CO-TEKASCT IIERK. 



125 



tieapuí To the per»< 
have dans lUiiiigi:. 11 < 
CompenBBtion, í.e. oí tha gtm. 

The 'smaeht'-f ines uf co-teoiinc}', le. Ihe thing which ii eommatiiied 
in the common teiiuicy, tbe ' imaclil'- auee, i.e. Eacks. What ia Ilie 
■ ubstaaee of tliu liability, i.e. campensation for tlie tbing «hlcb ia 
damaged. Por'thcre ÍB no ' smacht'-Iiae, &c., Le. for the thlng ohich is 
comntaadcd for it la unlv for the sake ol compensstiun for ihe ■ubetanco of the 
liabillly. Le. sacki. Grass at the side, Lc. lengthwiM^ Or at the eud 
le. shortwlH, o<- ín briadíh. Is the subslance of the llability, i.e, 
compensalioo «hen it Is it that haa txieii injured. 

Farm-law, 'Vfhj so called ? That is the law 
of fariiis, that no one may injure the farm of hia 
Deighbour, tbat he may not cut áovra the wood of hi.s 
land, thathe breaknot,thathemaynotpIoughít, that 
he may not inhabít it ; for every man shall give 
additional pledge for his cattle Ín respect of every 
passing over a fence, for every breach, for every 
rushing over. 



Co-Ti»- 



The iaw of farn 



lund. Thi 



i.e. Ihe Ibw for the farm, Le. tbe farm, or the regulatlons wblch 
Witj ao called? Le. why Is it so callíd or denominited ? 
1S, Le. tbal Is, Ibis ia Ibe regulalions of the laod. That 
re the fsrm of hit neiiihhour , Le. either in its graea or 
Bmay ÍDJure tbe Isnd of bls neighbour. That he may not 
ood of his land, Le. (hat he maj not cut the noud of hii 
tak not, Le. the stakeaor p>les,i.e. of shooBethcre. Thst he 
ma7 not plough it,Le.thithe may nol till IL That he mi; DOt inhahit 
il,i.e.fAnlÍí ma^H[)(jiii7wn>thishouseB,hÍBkilDB,nrtusmi1ta. For everj man 
shall 8'"''e an addilionul pledgo. Le. thateTery one may give « telieving 
pledge (o pleágeaarth íuro ' icitpalti'i lo iwure tóípojmcní of Ae jinu impnted) for 
every tresposs whlch hia cstlle comrait by goiog over the tencc. For eíery 
breach, i.e. tor every crosswa/, for eTi!ry paiBagí whirh thBy make over il. 
For everj rusbing over, Le. for evíry great nmning over i( wbich lhey malie. 
That is, ttere ar« three landB in wliich cows ai-e not fined for tliesa 
treapasses, tíz., a trenpass iVt a wood, a Crefpfue in a moor, aikd a 
' foach-tuaithe 'treBpasH. Their trespaaa is condoued here, for 
evecy kiiid of cattle may be in a wild place. 

Tbei-e are three treapasaea of cattle ; they aro not equallj paid 
for, TÍz., atresposs ovcr a palisade, and a trespoas by a breach, ond 
a treapass hy ruahing over. If it be treapasa over a palisade, and 
that there ia a bad* fenco between every two neighbours, it Ía 



-For ' ( 



n Ihe Irisb oí tbis liue, imd aiiia of ihe next line, C. 30, resds 



Í26 bjiedcha Comairlicera CCíTDro. 

JoDG- ^i Q^^^ ^p^ conlut an anítTié ín carat§. TTlaftob afi atle t'n ft|\ bcT) 
CívTen- a at T)o "DtspT), tf 0T6carat]5 pl anx), a|\ nt poT^na latm a lattn 
^^' fnuna •Defina a]X f et|vc, no rfit omatn, no ufit rt^ejxnuf . Ifoe af- 
|iiib|iaT) ; t'npta fiépii aT)5a|va cotmT^t^refi tna et$e. 

Cai|i — caiT)e raififce? 'Caijachc rafi feitb no rafi a 
7)1. T^fififce 'Dona, Dul raft fioT), 'oul raft abinT) na 
be fnam 'ooib. Txiififirce rafi pag neifeofira. 



Cátji, .t. comat|vam caict tn cajxtuf cae .t. cae cat|\tf. T^atgactic, 
.1. c[at5achcl •oap, •oa aijxcenn, no •oap, ceitTii atticettriT). T^ap. f eitb 
.1. •Dafi pep,unn in boain,e .t. ceofia foiTvge ocuf uficap, •plefcat'ó. íío cap, 
a •01, .1. cap, •oa vep,anT). "Oul caf. tioT), .i. letpiach caip.fce i tit)uÍ/ 
cap, tetctaT> tn tiotc .t. co tet tme .i. vP-t binie amuich. T)ul ca|i 
abni'D, .1. af. 5p.eim tet tme innl cap. a necaT^ap, ann. Ua be fnam 
•Dotb, .1. mcTDfnam T)oib tf fiach aip.tíme inT). T^aip,p.fce cap, pag 
netf eap.ca, .i. ca|i pep-ann 1n ct eip^ef af a pp.c .t. tn ceifefic. 
^ap. pag, .1. cap. pc .t. ctjx. 



.1 . CCrair T)ono r|ii raijififce .i. ratf,fce raf. fioT), ocuf ratjifce 
raft ábtnT), ocuf raif,fif ce rafi comttac. TTl aD ratfif ce rafi atbínT) 
T)omatn nabe cfteoift, tf ó^catatg pl onn, afiuf ^lett T)afi t'nT)ftic 
inn pn. TTlaT> ratftfifce raft beftna raft fioT), vo ruix: ceach- 
fiut'mte fp.tpn foft ralmain, ocuf affieanaft an atU, af,uf ler T)0 
faUaib, an aill vo T)oebT)aT)atb ; a lec na fatlle fvannraft arafiu 
í nT)e. Tílaf) uatfiiif ce raft conitcac aifitn í tnbiax) va ufieabaft tm 
eT)rfteabafi, tffet) tn ccrna T)ono; fiannaiT) a faill arafiftu t'n T^ag 
íme ; nt legaT) íme fofifa neT)r]\eaba]x. 1f fiutfttu taftmoua pn ; 
ocuf tf catatg na fftttsatb fola, a|\ ní T^le^ap, imuatm folaT) 



• Ina eighe, — This phraRe may posslblv mcan, " What exists before it is prohibited 
Í8 maintained afterwards." 

^Ai^xenn. — A piece of land containing 7,776 feet, or half a * tir-cumhaile.' 
*Hal/ /ence. — In O'D.^ 2179— the gloss runs thuís ""Dul cap. p-occ 
.1. etp-ic catp-fce cap. het m\e i nT)uL cap tearh ctaT) m p,oiT), &c. Going 
over a road, i.e. the *eric'-fine for a breach ovcr a half fence is due forgoing 
overonewall of the road. Going over a river which thovliave not to 
swim, i.e, tho 'eric'-liue of a brench over a half íeucc h ihte fur thisalso. "NVhat 
make8 the breach here the same as passiug over land is, íhegoing across the road 
which has only half a fence, oi: across a river without swiniming, and tlicrc is íuU 



ANCY. 



JUDGMENTS OF CO-TENANCY HERE. 127 

estimated cU half trespass, for the bad fence lessens the trespass. If ^ J[!^^,p 
tliey have come over the fence of the man whose proi)erty they are, Co-Ten- 
it is fuU trespass, for " Hand in hand does not profit, unless it has 
been done for love, or through fear, or through loixlship." It ia 
from it was said : "Inpia resiu adgara coimdigther ina eighe."* 

Question — What is a breach ? Passing over one 
land, or over two. A breach is also going across a 
road, going across a river which they (the cattle) do 
not swim. A breach is going over the land of a 
deserter. 

QuestioDf i.e. I a8k wliat b * tarthus-cae*, i.e. tbe way over it. Passing 
o V e r , iie. passing over two * aircenn '-lands,' or over f our * aircenn '-lands. O v e r 
one lanct, i.e. over the landof the * Boaire '-chief, i.e. three * forrach'-measures, and 
the cast of a rod. Or over two, i.e. over two lands. Going across a 
road, i.e. half the íine for breach in i^^oing over one wall of tbe road, i.e. with 
half a fence, i.c. witb a f ence outside. Going across a river, le. what they 
have crossed in this case founds a claim of Jine equcU to that of half fence.' 
Wbich they do not swim, le. if thejr have to swim it, it \a {amavmU to^ 
fine for ' airlim '-trespass. A breach over the land of a fugitive, i.e. 
over the land of the person who has gone awaj from his land, i.e. the deserter. 
Ovcr the land, i.e. ovcr * fich,' i.e. land. 

Now, there are three kinds of breach, viz., a breach across a 
rotid, and a breach across a river, and a breach across a neighbour- 
hood.^ If it be a breach across a deep river without guiding, there 
is full fine for it, for it is grazing beyond what is lawful in that 
case. If it be a breach over a gap or across a road, the one-fourth of 
it {thefine) falls to the ground, and the rest is paid, for half is due 
for the neglects, the other for the claimants j the half for the neglect 
is divided between them in two. If it be a breach over a neigh- 
bourhood qfco-tenants where there are two residents and one non- 
resident, it is the same thing : they divide the neglect between 
them, of the good fence. No fence is charged upon the non-resident. 
It is * ruiriu *-trespass afberwards ; and it is a trespass that does 

« 

fcnce to the grass into which they go, or a half fence, for the river or the road is 
equal to half fence." 

Dr. O'Donovan observes here. — ^'Thisglosa is also defective, and should run 
thus : — Crossing over a road wbich bas only a half fcnce, to commit trespass, or 
over a shallow stream, wbich the animals can cross without swimming, is equal 
to a breach over a half fence ; but if tbe river be so deep as not to be crossed with- 
out swimming, or the wall of the road a perfect fence, tbey are equal to f ull fence, 
and the breacb over them is accordingly estimated." 

*Á Heighbourhood. — That is, a settlement of co-occnpants, or co tenants. 



128 b^xeaclia Comaidicera CCnT)fo. 

JuDo- -00 comireac pfii nt bef lia ocruft .1. na ceiúfii coTniraig íma btoD, 
Co^T^- ^^"r ^^ cetqxt ecomttatg a-oa neafani 'Dotbp'oe. 
'AJccr. 

Or aiíim 1 mbiaT) T)a comafiba qxeabafi ím eafeafir, 
ciT) T)o smceafi pfii tieireaíic ? "SaibeaT) imme co nímcua, 
or muna be qxeabaT) inpojiair laif jsaibceafi a pine como- 
jaif T)o co nímcuaaT) eifie, no concafiT)aT) fefiT)ilfe co 
ceann mbliaT)na. ÍTlaT) fe|iT)ilfe T)o befia a fíne, ím- 
fean ceachrafi iJi T)a comafiba ogníme, ocuf T)o beftoT) 
comaifieam ínT), ocuf T)o aiftsealla cach T)ia fiaile af 
iap,um. 



Of ma T)o ci eiféapx; co cfieabai|ie laif a neccaip, 
ceiT) T)o chum a fíne, f olongaT) co ceanT) mbliaDna, ocuf 
ní T)ia cfieabaifie fofip^ig ina cip., ocuf if T)ileaf T)o 
uile. 



Of ai|im , .1. of a|X actif, ocaf ai|im boile fTDmcro, 1 mbtoc T>a coimecaiT> 
op,ba cp-ebap, 1 fetiaTTo in ci eitigef af a fip.TJi imon efeixc .1. ice -00 efejxc 
T>eiri5e a mechuf, octif eifejxc cafcnam metaif. Cit) T)o gniceap'} .1« 
qfiecT)onicetiTiif in elfejxc f p.i heif eatic, .1. af a fiTic. 5«ibeaT> 
imme, .1. gabaip, achgabail aiTie co nT)efina ime emcoi|\, .1. cojva ime m 
cae if coicechca t>o. Of muna be, .1. niana |\oib cp.eabaip.e ina|iu|* 
aia. Saibceap, a pine, .1. gabajx achgabait T)on ci if comfocuf t>o 
T>on fíne. Co nímcuaaT), .1. co nT)e]\nac ime emcoip,. Mo concafi- 
T>aT> petiT)ilf e, .1. co cucac T)ilp m peonx ap, vochfiaic, .1. in pne. Co 
ceann mbtiaT)na,.i. ap, tie na pocb|iaca. Tll ot) pe|iT)ilf e, .1. ma 
T)itfi 1n pe|iainT> t>o bep-ac 1n f íne a\i foc|iaic t)0 caitem ín feoip,. 1 m- 
pean ceachcap, in na coma|iba, .1. ímro .1. uifiimeT) cechca|iT>e in 
T>a coimecaiT) ojxba puil ime, co |\oib íme comlan ann. "Do bejxaT), .1. 
T>obefiac ai|iem cumaiT>e 1nT>ím cucfiuma. "Oo aiy\5eal/la, .1. t)o beifx 



1 Nearett to ihm. This cominentary Is exceedingly obscnre and difficult. 
• A desei'ter, * Esert,* is a landless man, a f ugitive, or evader of his duties. 



JUDGMENTS OF CO-TENANCT HERE. 129 

not involve reciprocal duties as regards goods, for reeiprocitj of Ji-no- 
goods is not enforced by law in the case of neighbours exceeding CiIten- 
eight persons, viz., the foiir co-tenants immediately round about^ anct. 
and the four non-co-tenants, who are nearest to them.^ 

And in a place where there are two solvent land- 
holders, and a deserter,' what is to be done with the 
deserter? Let him be distrained until he fences 
{mahes hisfence), and if he has not a habitable 
residence, let the next of kin to him of his family be 
distraineduntil they niake the fence for him, or glve 
up the right of the grass to the end of a year. If it be 
that the family give up the right of the grass, then let 
each of thetwo 'coarbs' of tlie families occupying ilie 
adjoining lands erect a perfect fence, and they shall 
bring equal stock upon it {ihe land), and afterwards 
each shall give the additional pledge to the other. 

And if the deserter come outside having with him 
his cattle-farmer's requisites, he goes to his family, 
and they sustain him to the end of a year, and the 
part of his farmer's requisites which arrive in the 
land are all his property. 

And in a place, i.e., * os/ for * acus * (and), and ' airm/ means place or locality, 
t.e., where tbere are two solvent landholders in the land of tbe person vho gocs 
away from his land, or the deserter, i.e., there are two hinds (j/" descrters, a deserter 
who deserts his land, and a deserter who evades responsibUities. What isdone, 
i.e., wbat is done to the deserter. A deserter, Le., 'as' (out of), 'a fírt' (hisland). 
Let him be distrained, i.e., let a distress be made upon him, and let hi» 
gooda be disírained^ until he makes a proper fence, i.e., until the fence is in the 
way that is legitimate for it ^o fre. A n d if be ha s no t, &c., i.c, if he has not a 
habitable residence. Let his next of kin be distraiued, i.e., let seizure 
be made upon the next of kln to him of the family. Until they make the 
f ence,Le.,untiltheymaketheIegitimatefence. Or give up the rightof the 
grass a« Me ren/, Le., the family. To the end of a year, Le., for the tenn 
of the hire. I f it be that thefamily give up the r ight of the grass, i.e., if 
it be the forfeiture of the land that the family conaent to» for the hire to consume the * If* Cirr, 
grass. Let each of the two 'coarbs* erect a perf ect fence, Le.,theyfence, 
i.e., both of the two landholders who are adjoining it, 8hallmake afence, so thatthere 
shall be a perfect fence thcre. Shall bring equal 8tock, i.e., of cattle, i.e., 
they shall bring a coramon stock there inlo the deserter^s land iu equnl proportions. 
Shall gire the additlonal pledge', i e., each of them gives thc relieving 

VOL. IV. K 



130 



l)|ieacha CoiTiair)ice]-a CCnTii-o. 



cacliTjib geU. eoipitnecli Tjaceile, aj- mpom. -i. 5eU.T>a|*itep(iU. Com- 
' aiiieam,.i.-DOiiiTiiLlib. T)ia itaito,.i. a cipnaeifeiica. 

Of ma ■oo ri eij'Bajxc, .1. of ap. ac\if, ocuj- ma ■oia ta iti eet|«ei\c 
amaich Tiia nediTjaip coy ani if eriebaii t>o le\f -do cf\uii. TTeit) *o- 
ctium a plne,.!. ceiC an eic.cic no cum apne boTjéin. Voití'O'iS'i'" 
co ceanT) mbliaTina, .1. imFoiLnsiti Q r'^ne he an- pochpate co cenn 
mbliatina, .1. Ofi m pe bii- in peapann ap, pochpnic, .1. T>Feop ocu|-»)Ol]ve. 
J. tJ t oiacpeabaipe,.i.[T)OTjencaib]-ooaipbetiaibiK:uj'T>oail«T'aib. Vov- 
P15, .1. aipsicep apa cinT» ín Fepnnn. ^ f Tiileai' tio ail,e,.i. "oon 
efep,!: ; ocoj- ap pe na Fochpoca túinic amuich he anii rin. ocap in pocpaic 
3 T>on pne, ocuf na Tienra, [na hapbunna ocuj- na 056], T>on e]-epc. 

.1. 1n can biu'o ■óa rp,eabari, im e'ocii.eabaji, snibeiro eipe. -010 
paififean; mtina nijifeoT}, gaibeaTi 011, p'ne commicua'o yf\\a zi]\. 
a mh\\ata\í, ocuf co r>afirí<ioml,ft pejigleiche co ceann mbliOTJiia, 
ocui" ■tiilp cac let earapba fi^i hfme, ocur croafiajoT) in iia com- 
ita6iai>mn ammL biTi teo'Fa'Depn, ociif caijiseaLla cac ■pfit jvaile. 
CCfmaccacp,a, i'DjeallaTiofe'D, i'D faige; .i.jealí, jTiihÍnie, jiaitiH 
(.1. a cifi buic) jTXt cLaif, fqLepaI.1, a yiu, ocuf a («a^aD nen 
^acc; foc ffvi copaig, fcfiepall a Fin, ocufaLeaja'DFariti; biaiL 
fjvi 'Duifi-itiie, .1. a Leasat pa -01, 50 fia f^u fCfvepolL; pgba ppi 
felitias, no ffiir m naite, fCfiejxalLa fíu.ocuf aLeasao fa-oi, no 
pÉatle Tio beoleogorú. llafcagceji m fmacca fo lojiani. 



1. [1n ceifejic if he a aicne: ■omne ponT) bif icifi in mi comopba 
cfie na cjvébuipi ; jabup, achgabaiL "oe ma'o caic feoicaice; 
posetLca ocuf Wec 'oi tiuL ína ceanT). ocnf ni teic Lobu. THtina 
f uiltc f eoic 0151, oÉsabaiL Bo gabail Tiia ínbleosain, ocuf fogeilc 
ocuf bLec 'Do ■duL ina cenn, ocuf ni cheic Lobu. 

ma cainíc in cefejic amtitg lap, fin, cabjvuic a píne feafian-n 
Tio fie fié na pocjieaca, ocuf bej\aic fine in pochjiaic, ocuf ni ■oia 
rixebutfiií'opt'cajiacin'OTio bpeiCT>on eirpejic. TTlaíicafejiaiiii 
acon pne, ocuf nf cabpuic uofnni, a fochjiuic -oo bpet TWn Lucc 
amach, ocuf ínf na po Tiilpg ■otiseii ■00 nu -Denraib, cetinaiáic 

' To each oOier. — The text ia Torj' dBfeclÍva here. 

* FuMed. — ' Leigidb' means, literall}', ' mclEing.' TLe iiuIniinentsnieDtiutied hfra 
were 10 be prepared by ruaÍDg tlie melal, ths lianlei ^ie Dmterial to be a[wratc4l 
un, tbe niDre namerDus irere the fuiioni of the melal fermiiig the imjilement, iiiJ 
conieqaentlf tbe more riluable Ihe inetrumeut. 

' Ezptriáe qflaidÍHg. — The T»ges pBÍil 10 íhfpherdí, or ínretalirD of tln' caltle. 



JUDQMENTS OF CO-TENANCY HERE. 131 

ple<U^ to the otber oat of it afterwards, Le., a pledge of ihe value of two *screpalla.' Judo- 

Eqaal 8tock, i.e. of cattle. To the other, i.e. out of theland of thedeserter. *?''J? ^' 

Co-Tkv- 
And if the deserter comef i.e., * os,* for * acus,* (and), and if the deaerter ancy. 

come outslde the land with the number of cattle which renders him solvent. H e 

goes to his f amily,i.e., *he goes,* for *he come8,'t.«. he comes to his own 

familj. And they sustain I^imtotheend ofayear, i.e., his family 

supports him for pay to the end of a year, i.e., the term during which the land 

is Ut for hire, le., with grass and water. The part of his farmer*s 

requisites, i.e.,of erections, of 8takesandof polee. Which arrire, Le., which 

are required of him in the land. Are all hÍ8 property, Le., of the 

deserter; and after the term of the hire he came outside in this case, and the híre U 

given to the family, and the erections, the comcrops and the houses, go to the deserter. 

"Wlien there are two men fulfílling their duty, and one who 
does not fulfíl his duty, let them distrain him, if he has .property ; 
if he has not propertj, let them dúftrain his familj until they 
fence thoir brother*s land, or* until they give the right of the ■^''' ^^' 
grazing to the end of a year, and the right of every half separation 
respecting a fence, and the two co-tenants afberwards proceed as 
if it {tJie land) was their own, and they deliver pledges to each 
other.* The *smacht'-fines now, which they pay, are the pledges 
which precede, i.e., they are these, i.e., a pledge for fence 8takes, 
a spade, i.e., in sofb land, for a trench, a * screpali ' is its worth, 
and it is to be fused" (melted) once ; a * soc ' for a stone wall, a * screpall * 
Í3 its worth, and it is to be melted thrice ; a bill-hook for a hard 
fence, i.e., it is to be fused {melted) twice, so that it is worth a 
'ácrepair; a wood axe for a * felma '-fence, or for a palisade, its 
worth is a * screpall,* and it is to be melted twice, or to undergo 
long-heating, or live-melting is to taJce place. These 'smacht' 
fínes are made binding afberwards. 

The deserter is thus known : a weak person, who is situated 
between the two ' coarbs' that do their duty ; he is distrained if he 
has 'seds;' the grazing and the expense of tending" shall be 
added, but forfeiture shall not be' aMowed. If he has not * seds,' * \^' ^^' 
distraint shall be made on his next of kin, and expense of grazing 
and tending shall be added, but forfeiture shall not. 

If the deserter has come /rom outside into the territon/ afber 
this, his family shall give him land during the term of the 
hire, and the family shall obbain the hire, and the part of his 
farm-buildings which he may have found on his coming back shall 
be obtained by the deserter. If the family have land, and they give 
not o/it to him, the hire is to be obtained by those who are outside, 
and the portion of the erections which the law has not declared 

VOL. IV. K 2 



132 l)]iearlia Comaiclicejxt CCti'D|x>. 

pne 'DOT'ntn. Tnuna pijl fepcii'D iciti ac •pne, coniTioiTiiiic mjv 
' |ie ocuf r^otaii, Tion jxiéiiuic, ocur ceniicaTirnm 'féw -06 i'nf na 
liouftfi T>Lise'& Tio tia Tjencoib. Tllú cfi peapanT) ac p'ne, oeui-nf 
Sabunnfum, if comitoimj icin fié o;uf faodiap Tion focjiuic, 
ocuf ní bei(Vfiuin nf "do na Dencaib. 



TTlfif foji óin ■Do paca* in feajiann, ocuf niji cinTje* ]\é aiTvigfe 
jxrip., C1-D f«T3a bef faip, cid )\e ■oecbiiviuf ciTi fie hinwtbiiMUf 
tiecicaf, if a Denca -00 fa^bail to). 

Illafa fuogiiat aca faiii, ciT) \io ■DetbrpiufciT) f,e htntiecbiixior 
■00 sneit, if a ■oenca 1)0 bfieit -00 teif . 

TTlá'D|iocin'De'íi jié faip,, ocuf cáinicfniie, if aTiencaTjofosbail. 
Tio. Tílaf be fém t)o coit) off f.e 7)ecbiji.uf, if comiioi'nn icip, iie 
ocuf faorafi. TTIaf aniii7)efbi]XHf Tio coi'óaff, facbuicnatiínca. 



TTlafa fuagfiaíí acú (.■aip,, cn> if in Ló tieitenacb fuajuiicaii 
nú I nínTiecbfivuf, beijiic leif a '6enc«. 

Tllilf jie Tjetbijvuf ivo fuajna'ó ■dó, if comnoinn inn, pé ocuf 
Cfaochup,. TTlaf tio tuap no ■Dailecli faip ■do paccat, ocuf niaí 
ivo cinne^ jié faip, if a leit fO]v in pé. 

TTIuna jvo cinne* pé foiiv icip,, tf oiiVTiiiief comaiscech faip. 
ITlof pé caitem o i'eoif, ocuf nia qvebuipe do paccoD, if cpfan 
cuch inil foji. a nibi fn pbc- 

TTlAf pe caiterii feótp, nama cucod be, if fep orais fecc mbu 
I cíjiaíéilt, fopfajuibínpecínna'oboln TiiabLiaT)uin, ocuf (.o^bó 
T)o caoijvib ná cop'D j»iv fitp^D t>o bet a j^weicfccc aigi. 



TTla'D po accaig cfn a\\, ocuf jvo haipet, if wljn ín aip co na 
til, ocuf cuic feoic. Tllunaji accai^eft cin ap, tf flfin, acc in nf 
•ota cjvebuipi foppicc an a iinv fn a cíp, if TiiLef t>6. 



I 



■Ouine fo pif nfic éiTJiii fubu na iiubu a fepamn t>o Tienani, 
no ci* én>ip noca ail léif a T)enum ; coni^6 ei> t)0 nfchep ivtf 



JUDGMENTS OF CO-TENANCY HEUB. 133 

forfeit, tha failiilj shall purchase for him {the deserter.) If the Jvtíq- 
family have no land at all, they equally divide the hire between Ccíl^^r 
the time and the labour, and he himself purchases the portion anct. 
of the erections which the law has not confíscated. If the family 
have land,and he {the deserter) would not accept qfitj the hire shall 
be divided equally between time and labour and he shall obtain no 
portion of the erections. 

K the land has been let for hire,* and no time has been specifíed, * Ir. Loem, 
whatever length of time he shall be upon it, whether with necessity 
or witliout necessity he goes, he shall leave behind his erections. 

If he is noticed to qiut, whether it is done with necessity 
or without neCes8Íty, he may carry away his erections with him. 

If a term has been specifíed for him, and the term has expired,' ^ ^r. Omu, 
he shall leave his erectíons behind, If it is he himself that went 
away qfhia own accord with neceSsity, it {the value ofthe buildinga) 
is to be divided between time and labour. If he has gone awa^- 
without neoe8SÍty, he shall leave behind the erections. 

If he is noticed to quit, though he should be noticed on the last 
day ofhia term without necessity, he may carry off his erections. 

If he has been noticed to quit by neces8Íty, there is to be a divi- 
sion between time and labour. If it (the land) was given him 
for manure or dung, aod if a time has been speci^ed for it^ it 
shall be according to the time. 

K a time has not been specifíed at all, it ahall be settled by 
the award of the neighbours. íf it is to consume its grass onli/, 
and for forming erections it was given, it is one-third of eveiT" 
animal on which there is increase^ 

If it is to consume its grass only it {the land) was given, he is as 
'*a man who has placed seven cows on the land of his neighbour/* 
the seventh cow shall be left as payment at the end of the year, 
and he has in reserve the value of another cow in sheep, which he 
does not bring into the account." " !»•• Bi-in^ 

If he has stiptdated not to plough, and it has been ploughed, the •^^'^^ 
tillage and the seed are forfeited, and five * seds'. If no condition 
has been made as to not ploughing, he is free, but the portion of 
his farm buildings, which he found on the land before him, becomes 
his by right. 

Á deaerter. Tliis is a person who is not able to perfonn service 
of attack and defence for his land, or though he may be able is noi 
willing to perform them ; what is done to him is to give him notice 



134 bíieocha Comaichcera CCíTDro. 

Juoo- apoTD ocuf q[\o]x;cró vo tabai|VT: aiix, ocuf arhgabáil va ^abáil "oe 
Co^Tew- loP' V^ i ^"r ^^^a Tiuil ciTiTie ai|\i5;ci fO|i ín crchsabail fín, aéc 
AHOT. och^abail va faoilcefi a ciaccaín |ve •olise'ó, ocuf zéz fogeilc ocuf 
blet ina cenn, ocuf nt teic lobu. 

TTlana butl qxoT» aip féin, rabfia* apax) fof, ínbleogatn if 
neafa "oó, ocuf achsabáil vo ^abail "oe ia|i fin ; ocuf noca 
iroefinna fubu ocuf |iubu ín fefiatnn ; noca •Dilp'oe ín fefiann T)on 
n -00 •oenaT) f ubu ocuf |\ubu. 

ITlafe'6 vo ivín'oe fn fíne in fea|vann t)0 rabai|VT; afi focfiuic, 
maó cáiníc fn reifejir amijij ia|i |\é na focfiaca, T)tlfi na 
fochfxeca T)on fíne, ocuf nf T)ia d|vebui|ve fO|V|Vicc ina ti|\, if 
T)ílef T)ófan .1. vo etffefic. 

TPaf |ie |\é na foqiaice rátníc aTnútg he, T^enaic ín fíne a 
Imfulun^ 5U cí ín |ié ; ocuf ma t)o bei|i in fíne feajwxnn t)Ó, ocuf 
^eibitpum ín fea|vann, T)ilfi na fochyiutce Don p'ne, ocuf T)ilp 
fia nT)énca T)on eiffefic. 

TTluna úabfioc fn fíne fn feap,ann t>o, ocuf aca feajianT) acu, 
ccuf ^eíbtpm fefiann, aifec na foqveca ón fine amac, ocuf 
fuaflutacc (n fíne a T)énra ocuf a feoTxa T)Ofum. 

TTlaT) caiiv^tc in fine fepxinn T)ó, ocuf ní háil T)ófum a ^abail, 
caé nf po T)ilfi5 pe T)on focfiuic biT) aca pne ; cac ní na fto T)ilfi$ 
T)on fochfiuic ícaf om |iif ín feap, amac, ocuf betfti'ó fn f eft amac 
na T)énra, no fuqfluiax) T)ofum laT). tlo T)ono, ceana, caé ní fio 
T)ilp]5 fie T)on focftuic bi'ó aca pne, cac ní na fio T)ilfi fié T)on 
focftuic, if a naific on p'ne amach, ocuf betpi'ó ín feayi amach 
na T^énca, no fuafluidT) larx. 



TTluna futl fea|iann a^ pne, ocuf fto ^ebu'ófum fepann, cac 
ní fto T)ilp§ fté T)on focftuic biT) oca pne ; cac ní na fio T^ilfig 
|ié T)on focftuic a aipcc o pne amach ; cac ní na fto T^ilfig fié 
T)0 na T)énuaib, betpiT) in feft amac, no fuafluice'Dfuiii laTx. 

peaftann T)uine eile rucufraft aft focpuic annpn. TTlaf e a 
f epanT) boT)éin uucuf taft T)uíne aft f ot puic, acc ma'ó fio cínT)U|Xa]x 

* Who is ouUide» — This seems to mean " the man who holds the land." 



JUDGMENTS OF CO-TESANCT HEltE. 



135 



))y waming and fastiug, and make a dÍHtress upon Mm aftei'wardB , 
ond there is no certain restriction upon tbia difitresa, but that tí 
Mhall be aueh a. diatresa as tbat it roay be tliou^ht aufficient to ioduce 
LÍm to coioo {suhmit) to law, and espeuso of foeding and teuding 
fihall be added' to it, but forfeiture Ís not added.' 

If he bas not cattle himself, let him give notice to his nearest 
of Idii, and let distress be talcen from bim afterwards ; and ho has 
uot performcd the service of attitclc and defence due of the land \ 
the land is not more the rightful property of him who should per- 
form service of attaek and defence. 

If what tbe familj has done is to let out the land on hire, atul 
if the deserter has come outside after the term of the hire, the hire 
is dueto tbe family, and that part of his farm requiaites which be 
found on his land belongs to hini, i.e., to the deserter. 

If it is before the tenn of tlie Iiire he has come outeíde, tbo 
family shall support him until the espiratioii of the tirae ;* and íf 
the family have given him land, and he accepts of the land, the , 
family are entitled to the hire, and the deserter is entitled to the 
erections. 

If the family do not give hun the land, whea tbey have land, 
and he gets land eleew/iere, the family ahall retum the hire out, 
and the' family shall redeem his erections and his * seds ' for bim. 

If the farai]y have offei-ed him land and he is unwilling to accept 
of it, every part of tlie hire which time has rendered forfeit shall 
belong to his family ; every part of tlie hire which is not forfeit 
shall be paid to the man who i« outaidc, and tho man who U out- 
BÍde' shall biing away tbe erections, or tbey ahall be redeemed for 
him. Or indeed, according to othem, evory part of the hire which 
tiime has rendered forfeit is due to his faniUy, whateverpart of the 
hire has not been forfeited by tíjne shall Iw retumed by tbe family 
out, and the man who i» outaide takes tbe erwtions,* or they [l/ie 
others) redeem them. 

If the fiiniily have not land, and he (t/ia degnrter) obtains land 
eUewhere, whatever part of tbe 101*0 time has forfeited belougs to the 
family ; whatover piart of the hire time hos not forfeited ia to be re- 
turned by the family out ; whatever part of the erecUons time baa not 
forfeited the man outsido takes ; or he {tlie detertcr) redeems them. 
It is the land of another man that he has, in tbis case, let out 
ou hire. If Ít be his own land a man has let out on hire, Init so 



CrvTBN- 




Erfctiont. — ' TMnca ' ni 



í, lolda, aUlV, 



136 bjieocha Coniaidicefa OCnT)ro. . 

JuDo- p,é aiftirhe ectciififta, cetmi'ó ifin T)a|va céz lá ■Dei'oenac 'oon |ié fio 

Co-Ten- T^5"ft^c[ he a nínT)etbifiitif "oon feafiann, in fx)ctifiúic ocuf na 

AxcY. «Denra T)0 bfiet "oó léif , ocuf ciamaT) ipn T)a|va céz lá T)ei'Dinach 

T)on |vé T)o T)eachaftiTn a nínT^etbiftitif ve, ín focfiuic ocuf na 

T^enca t)ó. íria rainíc T)etbi|vitif vo neacrafi T)e, if comfioínn 

icip, fié octif rfaorhtip, T)on focfiuic ocuf vo na T)enuaib. 



CCft focfiaic rtictifra|v T)tiine a feafitinn annfin, octif maf tjo 
T)enani T)énua aifi rtictifrap, he, acr niá fio cinnu]xaft ]ié aifiirhe 
ai|V eacti|Vfiu, cit) f.e T)etbifiuf cip ]\e hinT)ecbi]\uf focaftta étfiuni 
T)on fea|vann, if na T)enra uile vo bfiet T)ófum leif . 

THat) fio cinT)Ufcafi fié aip.ite et;ufi|vu, acc maT) ra aft ín 
fcfiann he |iifin fvó pn, if T)ilfi na nT)énca T)feft bunai-ó ín 
fcfiainn i foftbu na |vé. Tle T)enum T)enra aif, rucufrafi T)uine a 
feaftann anT) fin. maf fte T)enam cuanx no aoilec aift, acc 
ma'ó f,o eimT)eili5Ufcaft \ié aifvite aift, in fea^iann vo bet ac on 
fif, amuí§ |Vif in |ié fin. TTluna|V cínnefcaft fté ai|\ite eacu|ifiu 
icifi, fn feafiann vo bet acon pp, amuig, no ^u cuca-ó fie a tuaifi 
nó a aili§ ajf .] 



Rtiip.itiT) T)ono, ftich caft reop.a fealba, no ceiéeofia 
fealba. 0T)cachai5 anT) pn, aixtif 05 ín follusaT). 
Tltii|iiT) fiaire T)ono, ftich za]\ cfti haiii[c]eann ceofta 
fealba; if timiiitiT), ocup if follugaT), muna 111156 
T)eichbi}ie. 



TluiTiiUT) T)ono .1. ife cuic m "oono ann, uaip, raifi|\f ce a T)ubf,aman. 
XiomainT). T3ap, ceo|\a f eatba .1. caix reofia p€|\anna .1. boaifech. 
flo ceiceofia fealba .1. ca|\ ceic|\i |:e|\annaib. OT^cachaig .1. 
cin ój;, cín comlan in ni bipn, .1. ai]\líme. CCfiuf 05 ín pollugaT?, 
.1. if comlan in pollusaT) f m t)0 na buachaillib, if ime ara eifiíc comlon 
inT). RuifiiT) f,aice .1. iiich fio v^rtt T)0 T)enum Tjoib T)ono, no f eim- 
nígUT) T)oib T)ono, co f.0 x^ccza. flich caix C]\i haii\[c]eann .1. |iirh 
ra]\ pp, cenn ceo|\a ixpanT). 1 f f.ui]\iuT) .1. if oi]\ic ]\uiT)ÍT)a mT). 1 f 
VollugaT) .i.if paill ox; t)o na buachaillib. llTuna imge T)eich- 
bi]\e .1. mana fioib T)eichbifiuf acu neimT)icm u mbuuchdiUe. 



JUDGMENTS OF CO-TENANOY HERE. 137 

as ho has speclfíed a certain time between them, even though it Judo- 
should be on the second last day of the term he has been noticed of oo-Tsn- 
necessitj to quit the land, he shall bring the rent and the erections akct. 
with him, and though it should be on the second last daj of the » ir. Offthe 
term that he was wamed off ** the land without neocssitj, the rent '^*^ 
and the erections are his. If necessitj has happened to either of ^^ * 
them, the rent and erections are equallj divided.between time and 
labour. 

It was for hire a man let out his land in this case, and if he let 
it to erect buildings upon it, but in such a manner as that he has 
spocified a certain time between them concerning it, whether it was 
of necessitj or without necessitj he {the tenant) has been wamed oflí 
the land, he may take all the erections away with him. 

If he has specifíed a certain time between them, but so as he 
has been on the land during that time, the erections are the pro- 
perty of the original owner of the land at the expiration of that 
time. It was to make buildings upon it a man has let his land in 
this instance. Jí it was for the purpose of making manure or dung 
upon it, but so as a certain time has been stipulated conceming it, 
the land shall belong to the " man without " during that time. If 
he has specifíed no particular time between them at all, the 
land shall belong to the "man without" until the time of his 
manure or of his dung has been taken out of it. 

Running over now, means running over three hold- 
ings, or four holdings. There is fullfine for this, for 
the neglect is complete. But a very long running 
names running over the three head-lands of three 
holdings; it is running over, and it is neglect, unless 
necessity excuses it. 

Running over now, i.e. the force of the 'now* here is because it was of a 
' tairsce'-trespass we spoke before. Three holdings, le., over the three lands 
(^farms or holdingi)^ Le., of a * bo-aire '-chief. Or four holdings, i.e., over 
four lands (holdingi). Full fíne, i.e., it is full crime, complete trespass, Le., of 
*airlim*-trespass. For the neglect is complete, Le., this is coroplete neglect 
on tbe part of the shepherds, and it is therefore that complete *eric'-fine lies for it. 
A ver7 long running, Le.,a very long running is made hy them,or a running 
by them to a great length. Running over the three head-Iands, Le., 
running over the very extremities of three lands. It is running over, 
i.e., it is ^eric'-fine for running over, that iBpaMior it It is neglect, Le., it 
is perfect neglect on the part of the shepherds. Unless necessitj, &c., i.e., 
unlesa there was necessitv wbich well screens the shepherds. • 



138 bfteactia Cornaichcefa CCn'Dfo. 

^^PQ ^ .1. CCcau: r>or\o qfií n«iniT)a ann: |iui|ve ca|v ceo|va fealba, 

MK3fTB OF 

Co-Tei- ocuf |itii|ve |vaire, octif fvaifve qfvacca. 

AHCT. 

Cefc — coD a mi'oí'oaiv |vtii|ve qfvacca octif fvaire? Win; Co 
fvabaDoqfv occ nti|vco|va 'oec anT) t)o fleafcac. 1f e |V!ii|ViirD fvaiti 
annpn ocuf qfvacca, af, nf rai|v^ealla neac f|vi fvaile lafv fin 
acu fO|v ime ínT)|víc, no abann Domain, no |v , no altaD. 



TTla Do ctjauaf, na hinT)iU.i cap, acn aifvanD, no rap, xm aijv- 
cinD, if eifvic raijVfce tiaT)aib an^; maf ca|v qfvi aijvcenD no 
cafv ceiqfvi aiívcenn, if eijvic |vai|ViaT)a ofVfvo ann; ocaf echaic ní 
ina feif ocaf ina nai|vUm, ocaf noco nechaic nt ina jvaijviaD 
0*D. 2186. na ína cai|Vfce. [Ocaf ma t)o caacca|v ra|v feajvann ^iiaró no 
ra|v Da fecqfvaiin, if ei|vic raifVfce o|V|va ann. piac feip ^eimfviD 
a ivaijvia'ó aoroce in ^eimjviD ; pac aifvlime lae a |vaifiia'ó in 
lae.] 



Catfi — CaiT)e an aificeaíiT) ? — ^Ceofva txnfvse ocuf tifv- 
cop. fLefcaig, if eifi'oe macc btnrofaise, a comfxiT) anT) 
fin T)ono T)o quxcc, leach ín ínT)fvtiic imnie ím |voT). Im- 
fean cach bef fiu ocuf anall, impoilngeaT) ime inT)fiic 
acafv|iti famlaiT). 

Caifi — Cia meiT) fmachca pl a comiceaf? — CC vó ; 
fmachc íme octif ceacpa, genmoca caiche. 

Ca meiT) caiche pl a comicheaf? — CC ceofia ; caiche 
aile,ociif caice ceacpa, octif T)uine caiche. 



Caifx €01*0 6 aiTiceanT)? .i. comaifvcHn caici aichne na aiTvcin'De 
icijx? Up,co|x ptefcai5, .i. ína puiltta'o. If eifi'oe macc biin'o- 

1 Spcar-catU, — ^That is as fu- as a * flescach -jouth coold cast a wand or opear. 

* Ifthe eattlej 4^ — Tbe Irish for the fint part of this paragnph is foimd on the 
low^ margin of col. 1, p. 4, of the MS. £. 3, 5. 



JUDGMENTS OF CO-TBNANCY HERE. 139 

There are indeed three kinds of mnning over ; ninning over ^^^^'^p 
three possessions, and long running over, and running over a Co-TEai- 
strand. - 

Question — How are the strand running over and the road running 
over estimated 1 — Answer : When there are eighteen spear casts- of 
a youth on it. That is road running over and strand running over, 
for no one shall give additional pledge to the other for this, 
except over a lawfal fence, or a deep river, or an inlet of the sea, 
or a clifT. 

If the cattle* have gone over one headland, or over two headlands, 
' eric '-fine for breach ahcdl be paid for them therein ; if over three 
headlands or over four headlands, there shall be ' eric '-fine for 
running over dvs from them for it ; and they eat spmething in 
their * feis '-trespass and in their * airlim '-trespass, and they eat 
nothing in their running over or in their * tairsce '-trespass. And 
if they have passed over the land pf one of grade (a digmta/ry)f 
or over two lands, the fine of * tairsce '-trespass is charged upon 
them for it, There is the fine for winter ' feis '-trespass for a 
ninning over on a night in winter ; and the fine of an * airlim'- 
trespass by day for a running over by day. 

Question — What is the headland? — Three 'forrach'- 
measures/ and the shot of a rod cast by a youth, i.e., 
the spear-youth, the extent of that of the strand 
is equal to half the lawful fence to a road. They 
reckon the ditch on the one side and the other, so 
that it makes the full fence, and thus a lawful fence 
is sustained between them. 

Question — How many ' smacht *-fines are there in 
a co-occupancy ? — Two ; ' smacht '-fines of fence, and 
of cattle, besides the trespasses. 

How many trespasses are there in a co-tenancy? 
— Three. Trespass of palisades, trespass of cattle, 
and trespass of men. 

Question. — What is a headland, i.e. I a8k how is the headland 
known? The ahot of a rod cast by a youth, i.e., in addltion to it. 
That is the spear-jouth, i.e., it is the ' fleaacach '-^outh, i.e., the boy who 

s * Farrach '-metuures. — The ^ íorrach * was a measure of land containing 552 
yards. (H. 3, 18, p. 146.) 



Co-Trar- 
AjrcT. 



140 D|ieactia CotTiaicticefia OCnT)ro. 

JuDG- fciiÉ®» «^* if o íti ple^r^cach .1. TnacT)iub|vaice|^ in Tnbunnpaig. CC compa'o 
MBNTB OF .1. ct coimec no a cucTiuma in n1 pn a Tjvachc ma|ia, cit> pefiann aili ap. a 
mbi ceccugoTD •Dechjxn: na him)iMi, biaix) eip,ic ^vuíDi'Da inT). Leach ín 
1nT)fiuic imme, .1. ■pmacc let Ime inT)p.aiceanT)ul/Ca|ilet claT) in poic, 
i|» lon ime poTi|* in T)ap.a ctuT) .1. ■[^ T)uip,n ipn cIut) ocup y^ T>uip.n ipn 
éucnlle, .1. let hme pofv ceccap. 1n T>a cIot). Impean, .1. aip.imeT> 
cad T>on let |«o ocu|» T>on lech aili iman |U)C, co poib lan Ime anT). 
ImpoitngeaT) ime inT>fiic, .1. impoil-nsicep, ime T^ligtech eca|ip.u 
amlaiT) pn. CCca|ip.u i^amtaiT) .1. iciti 1n T)a claT). 

CaiTV — cia meiT) pmachca?.i.aameicpnaccauil/ipincomaichecuf, 
i|* in naicha6u|* cumcn'óe, .1. cia tin pfiif a cabafi pmaóca 1 comaichcep 
^machc Ime .1. in n1 pmaécaisceti 1 nT)ul/ cafi an ime. CeatTia.i. 
cechTia conboing pofi T^alngen, no T>ono ap. a namain .1. in T)a píp,epaU/ .1. 
in pach T>unacaiche, no na meich. ^^"'"oca caiche .1. cenmota in 
pmaéc uil/ o na T)a1nib t)o niac p.t|* in pefianT) .1. bfiifeT) in aile. 



Ca meiT) caiche.i. aa meic cinca t>o niac na T>aine pf in pe|xann 
i|*in aichecup cumaiT>e. Caiche aile .1. T>a|icaiT> attxi óuaitle. Caiche 
ceat|i'a .1. a cechTva t>o cufv inT) .1. na meich. 'Ouine caiche .i. 
na cinca aili t>o nKrc na T>a1ne fvi|* in petvann Ina ecmalp pn. 

.1. Cefc — CcroiOD caiche fealba ? .1. cairhgí alaile cecamuf, 
ocuf a caichgi poDepn, aimpii imbi fioit caich a nfie a|i 101115- 
feacaib octif a|i conaib allcaib, ocuf cochgí a |\oice. 

Cefc — CaD laD caich^e aile ? CC nafoaó ic feilb cene fola atle 
a nui|v, ocuf fiochuf a ime pofiT; ia|ifuiT)tu, ocuf •oilp neic |io 
ofica|V fO|ic raif,ipn; ocuf inT)ilp neich |io ofirap, uaic fU|i|iu. 
Cín T)o cuaillí fO|ir, ocuf t)0 Itac, ocuf t)o claip, ocuf t)o 
cfianT)ce ; ocaf cia fiuibec, ocuf cia |io o|iar, cia |iobT)aiT). 

Caite ceime rp.a; a let caite fO|ir cac aen bliaT)na, no o^carais 
cac a|ia blicroam. X)o baiT)ec caite lia nDiboD paDepn. 



Cefc, rf,a, — cid ftiifa nafcaicheii cátte aile lafí na nDibuD ? 
CCDatnref, ff.i cuinine f eancaD inotiaice do do ai]\|iiche|i ín íme, 
co clanDaT) leo ín íme pa r|\i cen f ena, 



▲Mcr. 



JUDGMENTS OF CO-TENANCY HERE, 141 

casts the rod. The extent Le. the same extent or the same proportion of the Judo- 
sea shore, if the cattle should paas over it into another land lawfally occnpied, there ^^"I? ^' 
shall be *enc*-fine for the running over due for it Half for the lawfal 
fence, Le. the *8macht*-fine for half the lawfol fence is Vtie for going over the 
one monndi of the road, it is fnll Jine for goingover the second wall, i.e. six handa is 
the height of the monnd and six hands is that of the palisade, le. half fence %» 
tteJeonedioT either of the two mounds. They reckon, Le. for the^ reckon each 
on this side and the other of the road, so that they make or amaunt to a full fence. 
A lawfnl fence is sastained, Le. a lawful fence is thus sustained between 
them. Between them thus, Le. between the two mounds. 

Question — how manj *Bmacht*.fines? i.e. how manx * smacht'-fines are 
there in the oo-ienancy, in the common tenancy, Le. how many things are there 
for which *smacht*-finea are paid in the co-tenancy. 'Smacht^-fine of fence 
Le. the thing which is commanded to he paid for going over the fence. QJ. c a 1 1 le, 
i.e. cattle which break through fastnesáes, or indeed on being driven bre<dsfenees^ 
Le. the two 'screpalls,* Le. the fino for man-trespase, or the ^sacks.' Besides the 
trespasses, i.e. besides the *smaeht*-fine which is paid by men for the trespasses 
which they commit in the land, i.e. by breaking the palisades. 

How many trespasses, Le. how maay damages do men do to the land in the 
commontenancv? Trespasses of palisades, breahingof Btakes,Le. a'dartaidh*- 
heifer for three stakes. Cattle trespasses, Le. to put cattle into it, Le. ^the 
Backs*. Men trespaBses, Le. the other faults which men committed regarding 
the land besides theae. 

Question — ^What are the damages of possessions 1 i.e. the tres- 
passes of another person, in the fírst instance, and his own ti-es- 
passes, when every territorj reqnires to defend itself against 
pirates and wild dogs, and the trespasses on his roads. 

Question — ^What are the trespasses of stakes ? To retain them in 
thj possession without sticking them in the ground, after which 
thou art responsible for the fence, and the right to the thing 
damaged is upon thee besides that ; and the Tna.lrÍTig good by 
thee of the thing which has been dainaged is upon them. Thé 
default of thy stake ia upon thee, and of thj flag-stone, and of thj 
trench, and of thy stake-fence ; and whatever damages ahaU remU 
therefirom by goring, or damaging, or wounding. 

Aa to the trespasses in respect of a passage ; half the fíne upon 
thee every year, or fuU fíne every second year. The trespasses are 
merged by the * dibadh * of themselves. 

Question — By whom are the trespasses of stakes established 
after the 'dibadh' of themselves? They are restored from the 
memory of a worthy antiquary by whom the fence was wit- 
nessed, so that the fence was phinted by them thrice without denial. 

1 Mound, — * Cladh * meana a wall of earth, a dyke, but it ifl commoDly translated 
'a ditch,* as in the tei-m, a ^furze ditch.* 



142 bfieocha Comairhceiia CCTiT>ro. 



UENTS cr 



JuDo- Q^^^ — Q^^ claTinaf aile ? tlotl ocnf itiail. 

Co-Teí.- Cai|i— caÍT)e luaill ? CCile iti ime pa qfii cen fena. Of moT) 

^^^ ' fenaigueii cife noail no clanna? Lu^a feanca innfiice fíoD a 

nimcu. Of muna bcT) feancaiDe, "oa bo-aifie innfiici vo éup, 

cftainT), ocuf ala hí "oia luga, ocuf aip,e coíngeaf idii T)if , iffe^ 

clannaf aile ífin. 



Of maD tn q\ic uile fio lcró inna feér naca Dip,i3;ref.? 
Wín. CC|i araic ín T>a bla vec fp.ifi ctiinDfiigcef. q\ic. 

CaT) laD fiau? ílin. Claiv bla, oil bla, finD bla, noef bla, 
bla mucnaige, ocuf pio bla,* bla ímfo^la, ocuf linn bla, |ioT>a|vc 
bla, bla neafbai^e, bla |ieime [cIod bla]. 

Clap. bla ; q\ic annfin noo nincoifceaofiac coma|iT>a, octif na 
'cuinnfiiDcep, fecmcaiD. 

Cefc — co fuiT)ai5rep ? CC himcomaf i nDe, i feilb ime biaT). 
TílaT) |\o bcD Da comapba, do p.annaiD |iiam. 

CCil bla ; cp.ic íncoifce ail aT)|i(n>a, no oíl annfctiite, no qionn, 
no U5, no ail leacra. X)ia mber) fecc comoqfiT>a T)ib onD in cucu 
fin, caé ae if oqfiaiUu, ifi q\ic ann fin na cuinfcaiT)cea|\. 



piDbla; q\ic fon tncoifce bile feoDo, no fiD coma|\Da hé, |\e 
fe^ comap,D aó cac ae uof apaiU, no aU/ bo^, no fen |\oil 
cuDmaiDe do leiceoD. ConDif^t^rei^ Dono q\ica fT\tpn, a mbcD 
fecmcatD co nínDofaD fop, ni if T)e|\b. 

tloef bla; .1. q[\ic ína coifce 5Uip.e noipe no fecqpca 1 ff6 no 
a mui§. CCDfuige qfiíc ccroepn, mtinuf gluatfeoD feancat'ó, ap. 
tD comap,T)a c|\ice tn fin. 

Ola mucnai ; .1. q[\ic fon íncoifcí cer bona cpann no cuatlle t 
ralam no Dibill muiUnD, no feanrj^ot^eaD fo ruinD. 1f doí am 
q\ic, muna bé |\oil con a i\oifce. 

bUx .t. pio bí.a c|\ic íncoifce Dumae no bun nomna, no Dumae 
q[\ainn ; aDfui§iDrei\ c|\ica fpiftn. 

I Shall thnut im tke siick. The Irish maj abo mesn, *^ Sball casl a lot.* 
* Pistttrhtil, The text ranst b« defective hcfe. 



JUDGMENTS OF CO-TENAXCY HERE. 143 

Question — Wliat settles the stake 1 An oatli and prescription. Judo- 

Question — ^What is prescription 1 The sticking of the fence thrice co-Tex- 
without denial. And if it be denied, by what oath shall it awcit. 
be settled 1 An oath of a worthj antiquarj to be a witness of 
the fencing. And if there should not be an antiquary, two 
worthj * bo-aire *-chiefs shall thrust in the stick,* and the one 
shall take his oath, and the ^ airé '-chief who swears betwcen two is 
he who shall thrust in the stake then. 

And if the whole territory be divided into seven parts so that 
they (the antiqíiaries) cannot direct theml Answer — For there 
are the twelve marks by which a boundary is defíned. 

What are these 1 Answer — A flat mark, a stone mark, a tree 
mark, a deer mark, a stock mark, and a mound mark, a divisipn 
mark, and a water mark, an eye mark, a defect mark, a way mark, 
a mound mark. 

A flat mark : this is a land which is not distinguished by any 
land mark, and which antiquaries cannot defíne. 

Question — How is it settled 1 It is measured into two, into 
the possession of those around it. If there be two ' ooarbs,' they 
divide it first. 

A stone mark: t.e. a district which-is marked by a stone of 
worship, or, an immovable stone, or a tree, or a flag, or a monu- 
mental stone. If there be seven hind marks of them therein at 
that time, one over the other, it is a boundary that cannot be 
disturbed.2 

A wood tnark : tliis is a district which is marked by an ancient 
tree or a tree mark, the one tvith the other, or an ' all bog * tree, 
or ancient oak^ which was allowed to fall. The boundaries are 
defíned by these, unless there be antiquaries to instruct as to the . 
certain thing. 

A deer mark : that is a district marked by the hair of deer or 
of dry cows in A wood or in a plain. These determine meers, un- 
less the antiquaries remove them, for these are meers of a territory. 

A stock mark : Le. this is a district marked by tho fírst trunks 
of trees, or a stake in the earth on the ruin of a miJl, or an old 
bridge under the water. These are land marks which defíne, un- 
less there be some other thing to explain. 

A mound mark : Le. a district marked by a mound or trunk 
of an oak, or mound of a tree ; meers are defíned by these. 

^Attcieni oaJc. See Welsh Lawa, p. 873, for meer-timber. 



144 bixeadia Comaicliceiia CCnT)|^o. 

Jt'Do- Urw bla, .1. qfiié íncoirce tiirce aba no loca 110 ripnair. 

Co-Tex- CCcfUigaiDreii cfiica po|ipTi ma Difieac an inDtif nafDa. 

ak<:y. Tlaóa|ic bla .1. Cfiic íncoifce coina|iT)a fea^a no niui§e, cfiain'o 

Tio liag, no comayiT)a ralman. 1p c|iic -oo niÍT)i5ea|i ^xof c, ocuf 

croftiigaiDreiv cfiice f|iiftn, ma fio feifeaft in 'oa aige^eiiba biT)é 

iman fiainT) pn. 

bla eafbai'óe ; cftich íncoifce eafbaig ralman .1. fon, no feif c, 
no rail ^leann, no laqnaé fean fioT)a. ConT)i|iicreap, cjiica 
fp,ifin T)ono, maT)ia f|iebaD feancaiDe. 

Ola imfojla; c|iic do reiD uifce glaife ai|im fo leanaD ín Da 
comafiba ím va biaD fop. cecra|i ín Da leirhe. CCDf uigai'óreii 
cfiica fofi f in. 

Ola fieíme; cfiic fon incoifce fioD fii§ no ruaire, no fxoD 
ímfeopia, no borayi. If bla cfiici ann fin. 

Clcro bla; cyiic fon íncoifce Duae, na u|iclaiDe, no fiar, no 
Sic. feaftr, no f ecib Duae ; afi ifi qxic ann fin na iDan do Duliuf, cfiic 

íncoifce cloD no cofia. 

CCDfuiDiJrep, cfitéa rfia fofvf na haibffeo; ocuf fianna an ailí 
ocuf folongaD cairhgi an aili lafium. 
^•c- Cait^e rifxe rfia .1. fuga ocuf fiuga ap, macaib rifie ocuf 

loin^feaéatb, ocuf cofxuf ffii ruatr,irtft ftot^eao ocuf congbail, 
ocuf fioga. 

Cairhge f\aire .1. ime fftif a aenufi, ocuf a ftat^e ocuf a nu|i- 
fcap.ra'ó, ocuf a coclafó ocuf glancró a n5p.eallach an aimpp. 
cua ocuf aenaig, ocuf D015 ap, am f uilt'ó do cac cobaip, a^xatlt. IH 
Dtífli cair^e do funn, DUfli fomatne. 

8omaine aile; a ropoD do neoc do pala vé tnp, ocuf Dtpe 
af upba. 

Caip — co Dtpeanap f on ? tlin ; uan molr 1 cuaiMi do rífcail 
af ratli, uan botntnD ana dó, Dapraig ana rpi cona ninDrai§; 
Daipr tna cearaifi, colpac ap a pe, bo ana hocr, cuic feoir ana 
DO Déc ; acr id f eoir jabla oDa commeiD, maD fpi neire fo- 
fetfeafi, ocuf atrh^tn an atle do tnie ÍTi'ópíc, ocuf betr f o paruf 
co ceann Tiiblia'óna. 

» The eye, The eye fixes the boundar>% if two poiuls of it remaiu, Le. by run- 
nÍDg a straight line between these points. 

* Áre wanting. The letter which Dr. O'Donovan reail as 'f * in the word 
'fpebttT),' aeems the usual form of long 1 which precedes *p' when tiiat letter ís 
doubled. 

• Roads, For the different Uinds of road among the ancient Iri$h, vide Cormac'8 
Glos8ary, edited by Whittey Stokes, Esq. ; also C. 80G-7, and Book of Uights, pp. 
Ivi., et íteq.^ Dublin, 1847. For rules as to the penalties incurro<l by per:?0LS 
iujuiing roads, vide Aucicut Laws of Irclaui', vol. iii., pp. oOO, o( 7, 'J0\), 



JnDOMCNTS OF CO-TEN'AKCr riEIlE. 



A wftter inark : ie. a diatrict define<! by tlie water of a river, or Jwixi- 
of a lake, or of a iveli. Boundnrioa are dafijied by theae if they co-Tira- 
nin in a straight direction. A^nir. 

Aneyemark:ie.adiatrict<Iefinedbya markofwoodor of plain, 
of tree or of etone, or by a iaftrk of earth. Thia Ís the district 
estimated by the eye', and boundarieii are defined by these, if the 
two certain heada which are to this division be fcnown. 

A defect mttrk : í.e. a district defined by want of land, i.e. a 
Oeclivity, or a aedgy place, or Btony vale-, or tnick of an old road. 
Boundariea are defined by theae, if antiquaries aro wanting.' 

A mark of diviaion : (Aoí tí a district throagh which the water 
of a strearalet flowa where the two ' coarba' follow it, they being on 
either aide of it. Boundaries are aettled by thia. 

A way mark : that ia a district marked by the road of a fciug 
or a poople, or a ro&d of earriage, or a oow-road. These are district 
marfca. 

A mound mark ; this is a diatrict marked by a mound, or ditch, 
or rath, or foas, or any mound whatever ; for this in the hi»d o/ 
dÍBtrict into which it is not projier to enter, iiamely, a district 
bounded by a ditch or stone wuU. 

Bouiidaries are scttled by these kiuds of land marhi! and they 
divide the atjdces aud Guatuin the fines for BtakeH afterwards. • 

The liabilities of land now, i.e. 6er\-ice of attnck and defenco 
ftgainst wolves and pirates, and attendance to the law of the terrí- 
tory, both aa to the hosting and feeding, and servico of defence. 

The liabilitiea as regarda roada,' i.e. a fence is requircd for it alone, 
and it ÍB necegaari/ to cut tlieni and cleanse them, and rejnove their 
weeds aud mii-e in the time of war and of a fair, aod becanae it ia 
Mtpeet«d that ouch should assist the other. He {ihe owner o/tha 
road) does not descrve damages from that, biU ho roerits profitB. 

The profita of atafcea are; the produce which comes of them in 
the land, and the ' dire '-fine for cutting them, 

Question — How ia tliia pnid forl Anawer ; a wether lamb for 
removing a atake from ita place, a she lamb for two, a ' dartaigb '- 
heifer for thi'ee Btafcee with their appendages ; a ' dairt 'heifer for 

Ifour, a 'colpach'-hcifer for sij, a cow for eight, five 'seds' for 
twelve ; but they are ' seds ' of graduation of the ainie value, if it 
be known that they belonged to n digDÍtary, aod a i-eatoration of 
the Bt«kea to a perfect fence, and to be Becuvity^or iia safett/ to 
the end of a yefir. 



I 



VOL. IV. 



Ofieadia Comaidicejia CCiiTifí). 



JuDo- aomainenfie; iciiip*, ocnfFe|i, ocurínnaip, ocuf u'fce, ocui' 
Co-Tkn- mufiv, ocuf inbéaii, ocuf rafcap, ocuf fp-'ce TTit- 

Somoine fimre; icirie oeuf a jvici ocuf aist'ó; ceiceojva bu 
nanncro. 

C-3I. [Caiccicetiiaciuí; ci» caifccefil'oofui'Dib ,i, coicce aninsine, 

ocuf caiccB a na6aiyice, ocuf caicce a mbel; cairhce a nmsne 
■Do neoc confcaiia, ocof conclaiT), ocuf ftaice ; caichóe a na^ 
aipce T)o nech guince, ocuf confcaiiacc; cairtice a nibel vo 
neoc gaibef vo fef,mb na comaigcech. 

ConiiT)eT>aivciianacaiccefo, ocuf coheivainecaiiP Oeiicha]i 
comaigÉecinniiaiCT)omef na fojLa, ocurfOfe)\rtian,feii fola [1] 
Iiiaiiaib na comaijcec ran aeíp, TTla fép, fola [1] afolata feaiv 
110 no 7>a noips ocuf fén, uaiii t cneb aiivcmn befa flu in feiv 
iioijvsef, niuiia be fCfi, gaibctieiv TnabUro foicivaice noT^ 111015, 
no a]vbaim, ainuiL bif mef in feóiii in famfucc fo 1 nsenifuic. 



*Duine caicce cjvo .1. imfeTiain coiv cfiv t\o ceile .1- ofvais, 
ocuf aiciveb, ocuf follfcuc, ocuf futla, ocuf on, ocuf anvcfiu.] 



Caip. — caTi 10*0 DuiTiecaidie? .1. beim pe'oa, ei'Dtii 011115 
peatia ocuf acliaig pea'oa, ocur fogla peana, ocuf lofa 
peaiDa. 

CCip.15 peaDa : Daifi, coll, cuiLeanTi, ibu|i, lUíTDiuf, 
ocíicac, abaLl. Cuic feoic a 111)11^6 cacli ae ; bo buin- 
beíme, coLpach íiia nsablaib, 'Datiic ina cfiaebaib. 

CCcbaij pea'oa : T:ep,nii, faiL, fceicli, cae|ican'D, beiche, 
team, fDa. bo a nTJiiie cacti ae ; 'oaipr ína cpaebu. 

fosla pea'Da : 13110156011, qiom, feofiUf, pncoLl, cni- 
cTioc, catcne, ciiaiTD pfi- "Daiiic ati'Difie coc ae. 



~hrÍT}oinU. 


Tbire ú soiac defcct in the Ma heie- 










HreA.— 'Be 


lithe'iafoundinwini 


e *acÍeDt glossuies 


«s.gU 


IUD 


« 'Baiu., 


'llic 


tr«. Itií 


now appUed onlj lo 


tlifl ' Bircb.' 










■dia. Dr. 


O'DoDOTia do«s na 


■t give »n Eoglish 




lcnt 


ror thii lorm. 


O'Currí- luggcla 'Pílm.' It 


if uudor dic iQrm 


' lodh. 




ituuioolj- tr 


ÍM- 



JDDGIIENTB OF CO-TE9AHCT HSRE. 



■ Tlie profita of the land are; even/ produee which il bears, both 



vrood, B.nd arass, an<l herbs, ( 






i, aaá barbour, oad 



;l watcr, i 

what the Bea cnatH aahore, &tid waifG, ííc. 

Tho profits of roada are: their ' diro '-fines, their Btraji, their 
jointa;' four cows they share. 

The trospnsses of cattle, now ; there are threo treHpaasea liy 
ihem, i.B. tho treapaaaea of their uaila, and the trespasaes of their 
honis, and the trespossea of tLeir months ; tho treapasacs of theii* 
naíla by separating, and tearing, and plundering ; the trespasses of 
their horna by goring and tearing ; the trespasaes of their mouths 
by what they oat of the grasa of the neigUbours {co-CenanU). 

How now are these treapiissea estimated, and how are they paid 
for I A worthy ueighbour ia brought to appraise the trespass, and 
graas of equal value is given at the deciaion of the neighhours, If 
the man who has comnutt«d the trespass has grasa of oqual value, let 
him gÍTGgrassÍu thesidoorhead of afieldto theamountof thegrass 
which he has plundered. If he haa not grass, let double the hire 
be given by hiin afterwurtia, or produce, accordÍng to the appraise- 
ment of tbo grass in tho hot or in the cold senson. 

Ag lo the man trespasses, now, ie, pasaing over thy neighbour'a 
land, i.e,, ploughing, and residing, and bumiug, and casting hím out, 
and dfiving, and eicaniining. 

Queation — ^What aro tho maii trespasses ? CuttÍng 
trees, both cliieftaÍQ trees and common trees, and 
bbrub trees, and bramble trees. 

The chieftain trees are; oak, hazel, holly, yew, ash, 
pine, apple. There are five ' seds ' for the ' dire '-fine 
of eacb ; a cow for cutting their tronlts, a ' colpacb '- 
beifer _^7ie for thelr arms, a 'dairt '-bcifer for tboir 
branches. 

The common trees are ; alder, willow, hawthorn, 
niountain ash, birch,' elm, 'idha.'' A cow is tbe 
'dire'-fine for eacb ; a 'dairt'-beifer for tbeirbrancbes. 

Tbe sbrub trees are; blackthom, elder, spindle tree, 
wbite bazel, aapen, arbutus, test-tree.* A 'dairt'- 
beifer is the ' dire '-fiue for each. 

luled ' jew,' bat tfait trte is named btfore u ' Ibur.' It mt; bo a epccl» of pine. 
Thp lrsn»1«liona givm [or 'yeoiiupi' 'cjtamip{i.'tnii'iiair,'íreonly lonjeclural. 
' 7Vií-ír«.— Sumc tríe prubíWj' from which lots vrero tnade. 
VOL. IV. L 2 



\iS biteadia Conmiclicei-a CCíi-Dro. 

Í/Ofa feoDa ; fvaich, fiaic, aiceanT), 'D|iii', ]?fLaechJ 
■ ei7)ean'0, jilcacli, j-pín. Cujia a nTnrie cach ae. 



Cai|v caT) iat> uuinecoiclie? -i- comoiticiin vn loc na cifica -00 
nSac na Tiafne TH]- in Feiwnn hi a écmaij" |in. beimpe^a.i. ce|V!(n>in 
■Fetia co liinTiI,i5Éecli- Ocficaí -1- in cnanTi siDif- Cuic |'eoic .1. wa 
cecaicoaba- Oo bnin-beíme.Mnanaichsin- Cotpacli-i-occfcpei>aU, 
ín aichsin. "Dainc .1- ceitp,i |^(potL-i.ap.i~ei]"e^. bo q nniTie cocli 
oa.). ocur ni Éuc aoaiclisin a]X mjin. *Dai (ic .1 ceiÉTli l^Tiepalí, 1 nTiiTii 
Sabal na pOTjLa -1. an colpaó f^ ]^iiepall, ocuj- if TJip« ap aiclisin .1. no 
tr an ™maip;. ©meanTi.i. Let miii cpaeb in cmtinTi ij" 6 Lan ■oijii boii- 
beime in eiginij ; no leC mpt jabat in coilm'o iy 6 tan thjii bun beime m 
eiSiiiij- Cutia .1. cpi fcpipalL, nobe|'piu Tia fcjieopalL ina wpe. 



,1- beim fecróa no a lotnfiaT), tjo ivcmajv caí tia o thtvi .1, airliEiti 
in'Djvic ínetí jio bfionTiran, -oé, ocu'p cuic feoic ina Tnjve. CCtc ti( 
comnvuic cac pii n^i a|iaili ; an. icaic feic naijvis iMaía, ocnf 
fecc naichig ^«ata, ocuf fecc TXigla feoTja, octif fecc Lofa 
feoTia, ocuf afain T)in.e cac ae. 

CCipig feiTDa ; Tiaif,, coll, cuileTin, iunT)iuf, ibajv, oficac, abaU- 
■DiTve TiTiapaó ; bo feiie 1 coiTvr^eoT) va ban of u, ocnf ■oain 
feice I coiiicseaT) -00 f ep. Ofa, ocuf a forfta-ó co mjejvofC a flaipe 
,1. uijv minn ocuf bocoji ocuf Lemlacc naipe co ciasav) -00 me]v 
raiif in cixecr ; acc lec t)0 beit faip, goiiab flan- OC mbun- 
be!m, bo in'6, ocuf cuic feoic a Tnjíe- CoLpaé ina mop ^abLa, 110 
ina T)aipbpt bega, tjo'IVC ina cpaebaib. 1 f amne Tiipe cuc aipig 
fCTia Tiib. 



'Oaip; at Tiombeip naipechui-tii? tlm— CC n- 



■lli. A ccw wu wúrlh Sl ' serepullii,' iinJ Ibe vQung hdfcr calted « 
rúi Ihe lixth ol Ihe vilae of thii cow. 

ic-lide. Dr. O'DDaot-an remirks on thi«. The orieinal ia cirrUinl? iu- 
sn. It ihoiilil be, "For the barltingof Ihe 0Bk to the Bilenl required foi 
'■ shoa b thg ' din'-flne." Sio O'D. 1G77. 



w-hide, ■pBlrodri 



JDD0MENT8 OJ CO-TENASOT HERE. 



149 



The bramble trees are ; fern, bog-niyrfIe, furze, 
! briar, heath, ivy, broom, gooseberry. A sheep is the ' 
' dire '-fine for each. 



N 



nblch pfoplc cominil u regards tbc lnndbuidcs lii^enboiii mcalioned. CuitÍDg 
trets, Lc mtCÍQgthetimberaiiJin'fiiIJj'. Ploe, I.e.tbetir-tree. FÍTe'aeda,' Le. 
vhÍcbaiDouattotwDcowi.* A cow for cnCCÍDg their trBDkB,Le, torcompetiu- • 1 
tion. A'colp»cb"-heiíflr,l,e.ofí*»Kaíiieq/'eiglit'»crep»Ui!"aícompeii«itio[i. A "' 
■d8lrt'-heifer,i.e.offour'iciopii1lB,'LB.tO[tauith'. A cow ia Che 'dire'-'" 
llne for eacb, i.e. forbedid notbringtbeircompcDuition torvard. A 'dsírc'- 
helfer, i.e. of fonr 'icrepalla' >■ 'dire'-Goe for Cbe bnnclies of Cbe hiambie trees, 
i.e. for a ' colpacli '-heifer ot theTalue of eix '«crepalls' and 'dire'-ftne in íi-re puí 
fnr compenBitioni Le. oritis for« '»anih»i«c'-bcifer. Itj , Lc. hí1t Cbe 'diro'-line 
of the branches of Ihehollrle rqual (o the fall 'dlre'-fine for cutCing Cbe CruDlt ol 
the Itji or hall the 'dirc'-fine for tbe branehe* ot the bollj is tbe full 'dire'-fine 
lor cutting the trnnli ot tbe iv^. A aheep, Le. of theralut oj'tíme 'icrtpill*,' or 
Worth tno ' icrepaili ' ú dut aa itj ' dire '-fine. 

TUat Í8, for cuttbig of treea or atripping tbem,full 'dire'-fine is poid 
foreacli, i.e., aperfettcompeaaatioiiforthe portion of them which ia 
damaged, and fivo 'seda' aa 'dire'-fiiie. ButaU treeaarenot equaUy 
noblo; for there are soTen chieftain trees, and seven coramon trees, 
and aeven Bhrub trees, and eeven bramble treea, and the ' dire '-fina 
for each is different. 

The chieftain treea are ; oak, hazel, hollj, aah, yow, pine, upple. 

Tho ' dire ''fiuo of the oak : a cow-hide' m diie for ttripping qff'tt 
tbe bartung of a pair of woman'B shoes' ; and on ox-bíde for the 
barking of a pair of men's shoes ; and oJao to corer it untU the test 
of its recovcrj' is had, i.e., amooth' c!ay and cow-dung and new miUt 
are to be put upon it until they exlend two fingers bej'ond the wound 
oit both si-ie», and half^^ne ebaU be for it uutU it is whole. For 
cutting the trunk a cow is paid, and five 'seda' are its 'dire'-fine. 
A ' colpach '-heifer ú thejine for their groat arms, or for their small 
oftklinga, a ' dairt '-heifer for their branches. The ' dire '-fine of 
everj cbieftain tree of them is auch a» toe /utve now tiated. 



Oak : what givea it dignity 1 Answer. 

' íl pair oj'mimaa't lioea. ThaC ÍB, *a mnch b»rk ae 
to ro»ke » pair of wouion's íhoeí. 

' n* tm o/itt rceotenf. That Ía, nntil Ít íb BBcured 




Its 



acornB and ít9 




150 



b|iearlia Comaicliecfa a!ii"Dp3. 



JcDo- coll? amaei- oeuracaeí,; aboU.? a nieaf ocuf a |iurc; ib«]i? 
Co-Tek- " atgt^e faejia; cuiteTin? •pe\\. 'po'^i OTiaiLi inn pn, ocuf T^^ipr^ 
iscT. cajvpaiw; nmTnuf? polac ocuf pigíiafna, ocap tet ui\aij aiiim. 
ocuach ? a bi a culca. 

CCcTiaig •feata ; fefLii, fail, bete.lem, qiichec. iTiii*. coipram). 
bo bunbuime caí ae, Tiaiin: fna ngabla, caeiva iiia cpaeba, cuic 
f eoic ay, ea|iba. 

I^onla í«ana; fceicb, Djvoisean, rjiom, feoixuf, ciiann px^, 
ei'oteann, fincotl. Cotpat bunbeime cac ae; cuic feoic ofi eaiiba, 
acr TJiiaiaean, 1)0 fianoTjap fainTie cuic feoic .1. ■Djiaiíneaí: bí]- 
I fot eacaiiba do foiiiiíeaTi, no T)|uiisean cubjia. 



Lofo iflOTa ; -oTvir, aiceatiT), ffiaeí, fpin, silcach, pait. teacla 
1 T)itf« an aen gaif , ocof T>ai]^c fna neapba. If fimne TiO panaDap 
oiti, acc a nTiitfi ocuf powtfi. 

"Decbip cpainT» a fi* comaicceixr, ocuf can necbtp gpanS. 
"Decbip spaií a fi* neimeTi, ocuf cm Tiecbip cpainTi. Siiiacc a 
p'ó neiriieii no co mbencap uile, ocuf eneclami \m o bencap. 



"Oa ba ocuf bo inT^taeg ocuf colpac occ fcpepatl rpi TMpi 
na naipeí feca. Lutsacb ocuf cotpach occ f cpepall ocof Tiaipc 
ceicpt fcpepall., a rpi naichsina, Lattsec ocuf cotpaí occ 
fcpepatl, ocuf Tiaipc ceicpi fcpepalt, ciii Tnpi na narheí- peTja. 
Samai]x ocuf Tiaipc ceicpi fcpepatl, ocuf TjapcaiT) Tia fcpepaU, 
a cpi naichsena. Samoifc ocuf Tiaipc ceitpi fcpepott ocuf 
napraiT) Tia fcpe]witl, cpi Tiipi tia fcrola ]mwi. Cotpach fo 
fcjvepatt, ocuf TJopcaiT) 'oa fqrepalt, ocof caepa fcpipuill, a 
cpi nqichsena. 



' NiMe Uriuiurt*. Th« ii, Ihe highlv priíed píceea of rnmiture iw»nii(acliirpd 



t Fer for araili ínn tia. TliÍí pl.r.« w« 
FrofcMor 0'Cnrry rondírcd it, "Thls is &r 
nhicb acemi vcrj' danblful. It maj' meui, 
rcfír io the mc oí h(A\y >[Icks in fightiiig. 



ieFt imtraiulat»] h)- Dr. O'Danoriui. 
ame at íoTÍolahle griM " ; » meaniiig 
" A miQ opon uolher in tbit," and 




JUD0MEST3 OF CO-TENANCr UEltl!, 151 

iiolilenosa; faazel I its nuts and iU wattles ; apple 1 its fruit and Jppq - 
ita bark ; yew? ita nnbie atnictiiree' ; holljl ' fer for araili inn ain,'' Co-Tm- 
and tiie ailo-treeB of cLariots are nade of it ; ash í supporting of awot. 
a kmg's thigU, aud balf furaiture of hia arms. Piue 'í ita being 
Ín the ptmcheon, 

The eommoQ trees ore ; alder, willow, birch, elm, aapen, ' idliadh,' 
mountaín ash. A cow U llie fine for cutting the tnin.k of each, a 
'dairt'-heifer for their arms, a aheep for their bnmchoa. Five 
' seda ' ia í/w jíjie for their lopping, 

The ahrub treea art ; whitethorn, blackthom, elder, apindle-tree, 
teat-tree, ivy,' white hazel. A 'colpaoh'-lieifer i» tk« fin« foi" 
cutting tho trunk of cach ; five 'seda' for their lopping, except 
tbe bIncktlioru, for which five ' seds ' are pajd, Le, bIackthoi-n 
which is in an nnprofitable fence' (broJcen liotmi) which is paased 
over, or sweet-ameUing blacfcthorn. 

The bramble trees are ; briar, furze, heath, gooseberrr, broom, 
fem, 'I,eBcIa'ia forfeited for one sprig, and a ' dairt '-heifer for 
their lopping. The; are all thus paid for, escept tha rigbt and 
the full ríght. 

r/iere is a diSerence of tree in a co-oocapancy wood, withoiit 
any difference of claas. T/iere i$ difference of claas Ín a aacrcd 
wood, without diSerence of ti'ee. There i» ' amacht '-fine in a 
eacred wood until it is all cut down, and honour price m paid for 
it when Ít ia cut. 

B and an in-calf cow and a ' colpaeh '-heifer oj" the value 
repatls ' are the three * dire '-finoa of the chieítain tree». 
A milch eow and a ' colpach '-heifer of eight ' screpalls ' mdue and a 
' dairt'-heifer worth four ' screpallB,' are their three compeDsations. 
A milch cow and a 'colpach'-hoifer of eight 'screpftlla' valúe and a 
'dairt'-heifer of fout 'screpalla,' are the three *dire'-fines of tho 
common trees. A 'samhaiac'-heifer and a ' dairt '-heifer worth 
four 'screpalla,' and a ' dairtaidh '-heifer of two 'screpaJls,' are 
their tbree compensations. A 'samhaisc'-hcifer aud a ' dairt'-hoifer 
of four 'screpalls' value, and a 'dairtaidh '-heifer of two 'ticrepalls,' 
are the three 'dire'-fineaof tbe ahmb trees. A ' colpach 'hcifer worth 
BÍx'screpaIIs,'anda'dairtaidh'dieiferworthtwo 'screpallB,' and a 
sheep of Ihe value o/ ono ' screpall,' otb their three compeuBatÍona, 

> /(iy. Tb? Iruh warJ h«re ia 'ciillfiaii, ' whereas in íhe tcil berore (fine 3, ji. 148) 
Dr. O'Donovan r«g«i(Ieil Ihcm aa 'lilIertDt fomiB uf tlic uma uxtat ; 
nr O'Ciirrf gu:;ga>liid ' nooilMna ' ai tbe tranaUllnn i>l ' «iil'oiinn,' 
mprtfpabtrftaet. Vut eiic<ti\bani«ypt>i»ib!yniein '«fínMlielwiwncoira.' 



152 bjieacha Comaicticefa OCnT)ro. 

JuDo- X411 fqriiptiill ín'DCib in|v airhgiTi ociif "01116 innrib fin in ran 

Co-Tbn- ^r ^ fi'o comicheafa, ociif ni fil ní na n^ablaib, 7^1^. TTlaT) a 

AHOT. pi-o neTTie beiT)e imti|ifio, ceit|ii fcp.iptiill in'oreib afi 'oifie, octif va 

fCfiepall afi aich^in, ocuf a qfiian fna n^abla, ocuf a feifea'o 

ina cfiaebaib. CCnaf airh^in vo aiyiechaib f e-Da ifea'ó if "Difte t)o 

ocheéaib feata ; a naichsin fin iffet if 7)1116 t)o foglaib fea'óa. 



CCtiiiba aiie T)ona, iT)tinacaiée. Oaprais a cfii cuailli 
cona nínT)ceach, vaijvc ína cuic, colpach ana hochc, 
cuic feoic ana T)oT)ec, ocuf aichgin la cach na ; ocuf 
beich fo cinaiT) na befinaT) co ceanT) inbliaT)na. 



CCtin,ba niie 'oona .1. f1n*'be in fenain'D T>ono. lT>anacaite .1. 
if cinca T)ona T>aínib eipT)e. T^ancaig .1. if plu •oafcnepaU/. Co na 
n1nT>ceach.i.ctif anl if coich noif •ouchaigbif onTW)ahinT>e,1n cáetach. 
"Dain-c ina cuic .1. ceitfii fCfieapaitU Colpaó .1. occ fC|ieapatt. 
Cmc feoic .1. 'oacecaic T>aba, .1. lap. puc GCichgm ta cach 11 a 
.1. aichgin in aite ta ca6 fmaéc T>ib fin, ocuf T>aine |U) bp.if ann fin he- 
beich f o cinaiT) .1. cop. poctac comaichig in aip.be. Co ceant» 
nibtiaT>na .i' afv in x^e co fioib pefi bunaiT> 1 naicidn a tefaigchi. 



O'D. 406. [T)a]iT:ai5 1 r|ii cuaillib] .1. T)Ofq\epall o niufico|iúi ina tutai ; 
T)ai|ic ceichp.1 fc|iipuitt ínacuic .1. lulai inx)eofiaiT) ocuf niex^on- 
cai tai ín U|ip.aiT). Colpac ochr f c^iipuilt a meT)onrai tai m 
T)eop,aiT), ocuf bo inT^laeg o u|i|iax), ocuf tutai ín ufifiai'ó, uaift 
hocc fCjiipuitt o ufiiia'D ína lutai, ocuf bo inT^laeg fe fcfiepatt 



' 0/ itt being repaired. Tliat i«, ncknowledgcs that it has baen proi,€rly 
repnired. 

• SmaUest offence^ Le. cutting threc 8takes. Middlc oíTcnce, i.e. cutting fivc or 




I 



JUDGMENT3 OF CO-TENANCV HERE. 153 

Three 'sorep&lla' both for compenaatioii and 'dire'-fine an paid J"™- 
for tUem irheii it ia in a co-occupancy wood thty are, ajid tíiere co-Tbm- 
ia nothing for thejr large branches, ic. If, however, it be in *""- 
a sacred wood they are, there are four ' screpalla ' for them as 
' dtre '-fitie, and two ' screpalls ' es com^ienaatioii, and its one-third 
for their arma, and its one-aixth for their branches. The compen- 
sation for the chieftain ti'ees ia »]ual lo tlie 'dire'-fine of the 
common trees ; and the compeusation for them (í/ie common trcet) 
ia eipial to the ' dire '-fine of tlie shrub treea. 

But cutting of land is man-trespass. A 'dartaigh'- 
heifer is ihejine for three stake3 with their append- 
ages, a ' dairt '-heifer for five, a ' colpach'-heifer for 
eight, five 'seds' for twelve, and compensation for 
everj- ona of them ; and he (the trespasser) shall be 
accountable for the injury of the gap to the end of 
a year, 

Bnt cuttlns el Uud, l.e. but the ntl cnlting of llie Und. ta mta- 
tT«aplsi, Le. thÍB li tcespuws by the people. A 'diictalgh'-helfei /ar 
ihrei, Í.e, of the Tnlue dI tvo 'Hrepalls.' 'Wllh thelr ■ppeDdeges, i.f. 
wilh the thÍDg vhich ii nttaral or *bich ií propei ta be on them frora Ibe caot, 
theíleDdectwigipíaeeiíacroM. A 'diíct'-heifer f or IÍve|Le. of (.lor 'ecrepiiiií' 
raJirt. A ■lolpích'-heifer, Le. of eight '«repailn.' Five 'stda.," i,e. which 

i.B. Ihe ceatitution ot the atslie fence with e»«ry 'íinBcbt'-fine ol iheH, end 
it W19 penons Ihat liroke it [n this cise. Shsli be aseonntabie^ Le^ imlil 
neigbbouca(ca-r«i<]Nf()appraÍMtbeí(>l[e<. To tbe end of t 7eac, Le. nntii the 
t ihe ociginal proprietoc ■dtnite that it baa liepu lepBired.' 

A ' dairtaidh '-heifer is dve for three etake8, i.e. two ' Bcrepalls ' 
aretobe paid by a foreigner for tbe smaíleBt injury ;' a ' dairt '-hcifer 
of four ' acrepalla ' valve for fivo stakea, i.e. the Bmall ofience of the 
Htranger ia the same as* the middle offence of the nativo freeman. ' Ir. A»d. 
A'colpach'-beiferwortheigbt 'Bcrepalla'iíi/uefortJieniiddleoffence 
of tJie atranger, and an in-calf cow from a native freetnau, and it íb a 
small offeace of the ntitive freeman, because tbe middle offence of 
tba Btranger is tbe same aa' the amall offence of tho native freeman, 
for eight ' BcrepaJIs ' are dne from the native freemaa for liia Bmall 
offence, andan in-calf cow worth aixteen 'acrepalJs' for bis middle 

eight ata^tt. Gceatesl oc lilgbett oífence or lccsraws i.e. cullinf; Iwtlvc íliiktj, 
■iid making bv w doing ■ lall gtp In the fence. 



154 biveacha Coínaichcera OCTiT)ro. 

JiTDG- -óec ina fneT>oncai lai, ocur bo inT>laer o •oeofiai'ó ina cleiti lai ; 

Co-Tbv- ^^^ feoic "00 cecaiT) •oa ba ofipxcó ína cleiri lai. 
ANcr. 

O'D. 406. [Cia o piil in eifiicc fo, octif annuf fio fe^ax) in thx fcfieptill 
if na rp,i ctiaillib ? .i. TMaf T)o fnti|\chu|iTxitib Lerh ctiinn octff 
leirh ceiHe, fqfiiptill tiarhuib in va cuaille T)ib .i. leic fcjiiptilt 
o cac fiup, T)ib .1. aon inuficufita coT^nai^ ocuf fCfiipall ucró 
ifin qfief cuaille .i. T)iaf vo mu|vchu|ica lerh cuinn ocuf leic 
ceiUe ann, ocuf fcfiipall uaca in T)a cuaiUe, ocuf q^iap, vo 
mu|ichup.T:a coT^nui^, fqfiipuU o cach fip. T)ib in cac cuaiUe t>o 
na q^i cuatUib etle .i. occ mup,cu|ita coT^naig anT), ocuf ochc 
fcfiiputll uacha if na hocc cuaiUtb.] 



CCca oíiba naT) aclaiT)ea7) ; atiiiba neigne fiia ftog, fiia 
lonaib, fiia flaiéaib cia boDe. 



CCca ofiba tiaT> actaiT>eaT», .i. oca ppeberMx t)o betfian, a|x in 
l?eTian'o, octif noco caban, actatT>e pach a|i tn ct 'do nt lac CCuTxba 
net^ne, .t. bn.tfeT> ari etctn fieftn ftog, .t. t^n- cetceD tfie flog. Hio 
tonatb, .1. na flo]; ipn. Hta ftattatb, .t* tvtaf na piatchtb, obe 
t?tatche toc, tnana uaTiactin, conotfi atte. 



CCca atifiba ceana naT) aclai^eaD: aofiba ninif?eaDna 
faifie mtiilinT), no 'Otiiiicliise, no menibíia, no faifte 
'Duíni fiíg. OC'Dcomaficaii tiile, a|iuf fcan fofac la 
feine, no liancuft jach sui'oe; uiiba fita coUaib, iiia 
nailaiciiaib. T)uncaft caé noiiba. 



CCca atiiiba ceano, .i. aza pn^ipeDo cena ceTnnota pn, octif noco 
cabTvac actaiT)i pach ap. in ci •oo ni lac. CCtiivba nimpea'ona, .i. 5n 
ptfveipe T>o nícep, tfiefin nelmpe'óaín t)0 bep,a|i aft amuf 1n mtJitin'o 
ín can bicefi ac T)enam a f aifife. 'Dtiiivchisei .i. moiTi. fnembn.a, 
.1. bicc. «8ai|ie T)tJini ttíg, .1. ín ran birep. ac a T)enam. CCT)comap.catfx 
uite, .1. ia|ipai5citi tiile cac ní T)ib fin T)pfi in pepamT), .i. aipiafacc 
cen T)unaT), no T)unaT) cen aipiafacc 

' Cuttingt. That is, brcachc», or gnpf». 



JUDQMENTS OF CO-TESANCT HERE. 



1J5 



oSéiico, Bnd cm in-calf cow froin the stranger for hia bigheat offence ; 
fíve ' aeds ' which tuuouiit to two cows are due írom a native íreo- 
man for hia highest offence. 

Bj- whom ia this ' oric '-fine paid, and how do the two ' BcrepaJlB ' 
proceed from the three ataltea í i.e. two of the foreigners being 
of half sense and half reaaon paj* a 'Bcrepall'" for two of those • 
stalteH, i.e. half a 'screpall' from each mon of thein, i-e. one ' 
SDund-minded foreigner who pafs a 'screpall' for the third Btake, 
i.e. two foreignerB of half sense and half reoson in thia case, and 
a. ' BCrepall ' ia paitl by them for the two stalces, and threc sound- 
minded foreignors, cvery man of them paya a ' screpall ' for overy 
etake of the other three stakes, i.e. t/iere are eight aound-minded 
foreigners Ín thia caae,'' and cight ' Bcropalls ' are paid by them for <• 
tho eight stikke8. 

Tbere are cuttings' wliich are not sued for ; a forcible 
cutting before a host, before provisions, before chief- 
taina of any kiud. 

Tbers aro cuttÍDgs nhich are not antd for, i.e. there are real cultin^ 
whicb «re mwle in the land. snd flnes are BOt lupd upon tbo pcmn wbo milccii 
them. A /orcible cutting, i.e. a forcible brearh before the host, i.e. in 
flTÍug bef ore a boit Bef ore p ro vl ■iona, i.e. of Ihese bosts. Before 
cbieftMÍne, Le, before the chieflains, whatever «hiellaini they be, if th«y h»d 
found no ather paseage. 

There are cuttings also which are not 8ued for; a 
cutting for carriage at tbe construction of a miU, or 
of an oratory, or of a shrine, or at the building of 
a king'8 ' dun '-fort. Leave is asked about thein all, 
for it is an old maxim with tbe Feini, " for every 
Bupplication is pleasant " ; a cutting before bodies, 
before pilgrims. Let everj breach be closed.' 

There are cuttirgi aiio, Le. therD are reai cDltÍngB alao besldea IbMe, and 
tbrj'bringnodaimof deblanpcintbepenHinwhnmBtMthem. A cntting for car- 
rÍR^e, &c., i.e. tbereaj cnttingi vhich are made by the cairiiige of Mngn broui/hl 
tawards the mill ithen the conitructlon of It is being mide. Of an nritorv, 
i.e. ot a large (me. Of a ibri no, i.e. of a ■nialt onr. Tbe building nf s 

them all, i.e. jiemistíon to do every tbfng of tboe ía aak?d for of tbe owner of 
the land, i.e. conJient withent cloaing, or closing withont coiucnt. 



Co-THN- 



■ Be cloiea 



Or, 



j- gsp t, 






tah:, 



156 b|ieauha Coniaichcepa CCíTDfo. 

jj^^^^ 1f cetrfiafnta in T)a|iT:aT)a no na 'oaifiri inT) Tftl, a cecrafi T)e. 

Co-Teh- ÍHaD cen aifiiafacu, cen 'Dunax), if let. THa fio ef cefrufi, ocuf tii 

^^^' comafileiccefi 'oo, iflan 'oia n'otina, mana 'otina, if cech|iaTnrha. 



CCtxtif f ean paf aé lapeine, .1. at\ if fencinT)eT) 05 -00 |veitx in 
penechaif , .1. if cechjianicain 'oaTica'Da, no na T)ai|ici inT). íí o 1 1 an cii fi, 
.1. ailgen, .1. if liancaifx caiTveci he o beitifx aca ^i'di. tlixba fxia 
cotlaib, .1. na mafxb, mana pagba'ó conaiTX aile. Hia nailaiÓTxaib, 
.1. fxef in tutz zB\z ina aititfxi. *OtinT;aTX cac nofxba.i. 'otincaTX caé 
pltxeipiT) 'Dib fin, «aitx mana T>enca|x noco flan. 

'Oia tiaécoTnaficafi in ccm oflaiccefi ffii 'oeichbifief, octif 
•Dtincafi fon in'otif cecna, iflan "do. THa fio 'otinaT), ocuf if mefti 
an'oaf amtiil fio bui, a n'oigaib aifii in "Dfioc ime icrafi uaDftini. 
THani fio T)un irifi, iccafi fmaéc na oifipie nav. TTIana 
otcomafxccafi icifi, ocuf T)tinrafi amuil no bui, iflan t)o. TTlafa 
olc, iccTD fmacc oifxpie caifXfe. Tíluna T)una icifx, icaT) fmacc na 
oifi^ne, ocuf leú cuic feoic, afi ni ochcomafxc. 

CoTTiiclieacli T)ono bif iciji va ciix t^Iijit) lan íímfice ; 
híV feifeaji tinipu, qiiaii o pji cip.e, ocuf apaili o pift 
imipée. 

Ctiic feoic anain ocuf acain, ma 'Oichniaipc, achc 
ain eijne; ni haclai'De ain bo 7)0 rafib. 



Comicheach T>ono bif iciTV T>a citi,.i. icifi T)a pe|ianT), in cifi o na 
bi fxoc .1. tiai|x noco npuit conaip. aici peín. "DtigiT) lan ImiTxée, .1. 
T)0 tecuT) T>o. O piTx ciTxe, .1. o pi^x \r\ peTiainT). CCTvaiti, .1. otv in 
comtln biaf 6 tmtx bunaiT) ina nT^egaiT) .1. uqitv noco nuit conaiTV aici T-^e^n, 
ocuf iftan T)0 caé posait t)0 T)ena p.if na comaitcib, amuit comTvich 
naiTvme. 

»1. CCca annaT) actani T^tigeaf cac comaicheac vm fiaite .1. cift 
cen beota, cen fioc, cen bocufi ; T^tigi'D tanimifice cafi cac ci]x a 
comicac bef neafam T)o, acc iff e'ó ínT)af na T)tÍ5, f ef uft uimpe, 

* Road. Or nnless anolher road could be found. 

* No road. In O'D. 407, it is called a district, "cin coin cin bcolu," "witbout 
«n opening at the front or the rear." 



JL'DGilENTS OF CO-TENASCV IIEUE. 



IJ 



It Í8 thefourth of the 'dartaidli'-heiferorof tlie 'dairt'-heiferíA«í ■'uiio- 
ijn due for it, ic, for either of them. If without cousent, without co-Tks- 
cioaing, it (the fine) ÍB ono-haJf. If he has given consent, and that a"'^- 
he haa not advised him to it, it (Uie penaHff) is ful! fioe if he 
cloitcs, if he does not close t/ie gap, Ít ia one-foiirtb. 



' it 



old 



ith tha Fein 









old deulsLan accordíng ta (he 'Feinechiu'-Uw, i.e. it (Me /«} ii & lanrlh of tha 
'dartiidb'-heifer. or of the ' dairt '-heifer far it. Supplication, i.e. clement.i.e. 
he is the morc clement (or beingauppUuited. A cutting belore bodies,LK, 
uf tbe dead, nnlesg the}- Snd «notber rosd.' Before piigrlme, Le. befare tha 
pepple who go on ■ pilgrimíge. Let eFíry cattiog be cloied,Le. every 
true catUog of IhcM is dosed, f oT utiless it li doae (c/oHd) it (Mo iKÍ) ia not guiltlesn. 

If leave he aaked, whea it is breached* with neceaaity, and it is "l 
cIoBed in the Bame waj, it is giiiltless. If it liaa been cloaed, and 
it Ís worse than it wna atfirst, the damoge done in consequence of 
the bad feueo ia paid by him. If it haa not been cloaed at alJ, the 
'smacht'-fino of the dam^e ia paid for. If permiaBÍon haa not been 
íialced at all, and it is closed na it had atood before,'' tt is guiltleeR. ^ 1 
If it be badly í/ojíí, he ahall pay fine for the dainsge done by it.' J^ 
If it be not cloaed at all, he BÍiall ]iHy the ' smacht "-fine of the 
damage, and half five 'seds', for he did not ask leave. 

A co-tenant wlio ia between two landa ia entitled 
to fuU passage; sis persons are io be about them 
(í^e catth), three from the owner of the land, and 
three others from the man of the passage. 

Five ' seda ' are payable for driving in and out, if 
without askjng leave, except in case o/'forcible driv- 
ing ; the driving of a cow to a bull is not sued for. 

A co-lEn«nl who Í« betwecn Iwo lands, Le. between two fímia, i.e. 
in the land [rom ntiii'h there ia ao roid,* i.e. foi he hu no pisuge htmself. 
Ii «ntitlGd tn fuil paaaige, l.e. lo be ccded to hini. From the owaer 
aflheliind, Le. the owaer of the fiu'm. Others, l.e. for the proprietor aball 
liBve in equ»l number afler (miiuiins) Ihem, i.e. for he (íAe m-f«ia»r) hu not ■ 
pasa*ge himaelf, and be is aot unenable lor Bay treapiis wbich he m«y commit 
igilasc the neigbboura, oa running of tbe tBholt Btof k cr Jrocc. 

There is one atay which everj co-tenant ia entitle^l to from the 
other, Í.e. in n land withont nn opening, without n road, without 
a. wny ; he {ihe tenani) ia eotitled to ful! pusaage over every cq- 
tenant'a land that ia nest him, but the manner in which he ís 
bound to paes is, trílh six persons about him, three persous 




158 b|ieaclia CoTTiaidicefa Ctn'Djxi. 

j^p**- rp.iap, o pji ciTie, ocu]* rTnaji o pj^ finiTice iMa ri'ólutfró fl[\i 

Co-Tsn- pjLma'o, ap, na •poleata-D psn ciji. "Oia mbe boÉaii w,tío i^oLLaiseaTV 

^"'^ - fai'oe ; ■oia nibe'o na clot ime, no til coixait, aTJroiceaTi leo OTi an 

paTjam anniTii. )y ve aiiiub|iat, bi^a-Daii) poDain; munaber) 

acc T)on tjopnfaiin nf himrecop, La fui-Daib ; if -06 afiiubpxro, nf 

bjiacaT) pu'Dam. 



Cmc feoic anam, -i. ínunTi .1. inTi- CCcain, .1. imacli, -1. oj". ÍTl a 
Tiichmaitic, -i- 11I uaiiiconaiTt aiti, no ní coemnacaip sabmlime. CCic 
nin Bigne, .1. uoiiv iflan eiptie- CCin bo ■oo capb. .1. cuic feoic r>a 
Tiewtic wa ba inam, ocuf if can Lon ime, ocuf lecli ín fein mana be ime 
Tlla TMipi Let, if ceoyia cechnamía na na bo. 11) á ■Dajv Lan ime in acti- 
tumjtaii. if bo- niu ■Dap. LeÉ iine, if ceopa cecliiiamda na bo; ma'o cen 
ime icin, ifamai|-c. 



.1- ['Cif. cin TToin cin beoLu bif icip, T>a pefunn cin conaip. TTla 
tip fectic cumulu, Tiaifcc caclia cpeimfe oi^ conmp Tioib T)ia 
iiinnil.ib. TTla cip. cumuile, no rp,i cumuLu, if on cinn bLiaina co 
ftaill be6f . TTlaTi aon conuip, if moLc cacha cpeifi, ocuf if cip. na 
fecc cumuLa ifotiuin ; ma rnp Tia cumuL imuppo, no C]ii cumuLu, 
ij" ifin cectipuma'ó blia'Dun, ocuf if t>o eccup fine aca uile. lii 
cati if 'DO fine, if ann if cpian o fip, cipe, ocuf apatti o vep 
imepce, ocnf mnnu cap'Ofom fin, ifLan tio a bpeicli caipif ; no 
Tjono, na fxip.a vo Tienuic cfieni» cen icc. 



pnic -Don comaiclie. 



JUDGMEXTS OF CO-TENANCY HEHE. 159 

from the ovmer of the hmd, and three persons from the man who Jwo- 
séek8 the passage sJiaM attend to keep them {tlie caitle) close to the co-Tkn- 
fence, in order that they may not spread over the land. If he has anct. 
a waj, this maj be omitted; if there be two mounds to it, or two 
stone walls, he is restrained by them for thej are a hind o/* witnesses. 
From this it was said, " the witnesses are not to be removed ;" 
unless thej are but of the one side, thej shall not be passed ; and 
from thÍB was said, " the witnesses are not to be removed.*'^ 

FÍTe *BedB* for drÍTÍng in, Le.0Ter, i.e. intoit. O u t, Le. out of it, Le. 
fromit If without mBking /«are, Le. hedidnotfindanother pa8sage,orhe 
was not able to pass along it £-xcept forcible drÍTÍng, Le. for that ia 
goiltless. The driving of a cow to a buU, Le. five'aeds* whichamoantto 
two cows for this driving in, and it is over a full fence, and the one-half for the same 
if there be not a fence. If it be over a half ^ence, it {the Jme) i» three quaiters of 
the two cows. If over a fuU fence into bare grass, it is a cow. If over a half 
fence, it (íhejme) \s three quarters of the cow; if there be no fence at all^ it is a ^ Ir. Wi!k- 
* samhaiac *-heif er. out fence. 

This is a land without egresd or ingress, which is between two 
lands without a passage. ' If it be a Íand of seven 'cumhals/ there 
is a ' dairt '-heifer everj 'season due for allowing them a passage 
for their cattle. If it be a land of one 'cumhal,' or a land of three 
' cumhab,' it is from one end of the jear to the other. Jf it be 
one passage, it is a wether everj third jear thcU ia dtiey and it is a 
land of twice seven ' cumhals ' in that case ; but if it be a hmd of 
two ' cumhab,' or of three ' cumhala»' it is in the fourth jear, and 
all this is bj (in ihe ccue qf) an outside fÍEunilj. When it is bj (in 
ihe caae of) the familj, then it is one-third from the owner of the 
hmd, and another ihird from the man of the passage, and if he does 
not concede this {right ofway)^ it is guiltless for him (tke oumer of 
the cattle) to bring them oTer it; or, accarding to others^ he is to 
paj the damage which thej maj commit on the occcaion. 

1 To be rtnwved, Tbe original is defectire here. 



£nds the mtject of the co-tenancj» 



bech bRecíia. 



BEE-JUDGMENTS. 



VOl., IV. ' M 



becti bfteT^íioc. 



^ ^^ CCnnfOTTi hi cautiptlib caiiisitle afi bechaib; ali'Dfi'Oe 
nxtffiptle naifiib cafi nfi bef 7)a íiefom cach lerh, cia 
pa meic cia pa laigec ; ai^ if a cafisiLlib befi'oaift 
a mbfiecha a 'ocaiiifce, a ccinai'D, a lloise afi ceuhap,- 
T)oic nfie bef 'oa nefom, 'olesaic fei'oe T)eolaiuh voib 
ve a loigib laji naimfefuxib fuifie. 



Olnfif om .1. annfaem .1. T)oili5. tli catiP'5i^^i^*i* ^f "^ntxs^^ 
taib cofiitneaéa if i 'otiit^ «00 neaó icaf ^e gealt cofiitneac «Da beifv ^e 
T>aTi ceanT) nameaó.i. geall T>a fcrvepatt. CCtiT>fiT)e .1. aiTiiU;nipT> 
|»eifiT>e seall cotiitneaé o|i|vo, 51T) ann|»a, .1. geall T)a |*cTveball. T^afv 
1:1 |i .1. T)o ttióc na peafvanT) if neapi T>oib t>o gac leit, pfvia va caeb oca|» 
pp,ia T>a naifvceann in cifve. Cia pa m eii; 1. 51T) be^ 51T) moTV he .1. m 
peatvanT) no na beié. CC|V if a catvgiltib 1. tiai|v i|* ap cabaitvx; gitt 
cotvitni;g T)atv a ceanT) befvatv bfveitemnaf otvtvo. CC T>cai tvf ce .1. \m m 
gteit. CC ccinaiT) .1. 1m an caeéa'ó. CCttoi^e.i. 1m an tfxiite. CCtv 
cechatVT>oic .1. t)o ttiéc na ceacbtva t^eatvanT) if neatm T)oib 1 mtin 
T)OiT>. 'Dtesai c .1. T^leagoiT) tf*iT)etojT)oib atv 1n T)eotai'ó no tog T)eotai'D 
T)Oib cin tog acc pometc. lap. naimtpetiaib tr^íP'O «^* ^ctP-f an |ve 
tputaln 1mh> beic 1 tpaeitve. 

* 7W ^icrepalls.* The foUowing note on * Cain Cuisc* is foond at the bottom 
of p. 21 of the MS. H. 2, 15. 

"S^itt T)a i^íp^^ci^ PT^i T)i5uín octitp ní uit ppi cupgabait, ap 111 heigen 
ime tviá gia T)a noD pogta cbmaitgepa, ocup n1 hioD na geatta fo 
toicet* anT), acc cain cuipg ocup mian gataip ocuf ottabpuíg nai tve 
tve cpi mbticróan ; no T)an, ip e geatt ip coip anT) if cucpuma tvi^^ in 
cain cuipc .1. tf^maéx; cortiaitcíupa vo tvit tvlu lap cabaipc na ngeatt t^ 
amait ceattva eite ; no gumaD 1 ín éaln éuifj; ocup mlan gataitv ocu|* 
ottabtvuig nai; ocup a cabaipc a cpiutv t>u gaé titv, no gu na cucéa acc 
einnl T)ib T)0 ^aé titv ocut* gi'o mop va f'eatbacaib beap 1n gaó titv nucu 
T)tea£aitv aéc 1n cuctvuma fin T)Oib uite tve tve na cpi mbtiaDan ; ocut* ^" 
ceDUine tvig a teap i^f* an cpic ip a bpeit Deo, ocuf gi'ó tfH)caiTH ica ina 
tviaccanaf a teaf if an cpic a neíneacc, no 50 nuit acc in cucpuma tf^in 
T)Oib uite. 

There is a pledge of two 'screpalls' for meadow and thcrc is not for raising a 



rUDGMENTS. 



Amoxo additional plodgea an fidditional pledge beh-Jcdo- 
for bees is difficult; additional pledge is required for "^' 
tliem that they pasa not beyond the land which is 
nearest to them on eveiy side, whether it be much or 
little ; for it is according to the additional pledges 
that judgments are passed respecting their ' tairsce '- 
trespass, their crime, their produce, in the four lands 
which are nearest to them, for these are entitled to 

I a share of their produce gratis after the periods of 

1 their esemption. 



iDg additlanal pledgel, 
rt difficnit ÍB the relioving 



\ pledge of twe 



It IB dirCicalt, i.e., ■annM em.' Le. difBeoIt. An: 
Le., b( all llia relleving pledgea wliich one pBfs, the m 
I pledge whiohhaglveafoTthobei»,le.sp1edgeot two ' Bcrepall».'' 
Le., thst demands a rellerlng-pledge for ihem, tboagh difliGulC i.i 
'Mrepalls.' Bcyond the Uod, Le. to thc owners of the land!) which «re neueit 
to tbem on eaoh side, at botli sides and both eDds of Che land. Wbetber it bg 
nnch, le. whether it be big or llctle, Le. the Und, or the bees. Foc It i| 
■ ccording to the additional pledgei, i.e. foritii upoD gÍTÍnglberelleTÍng 
pledge toT tbem that jadgment la posBsd on tbem. Thelc 'taicsce'-trespaaa, 
ie. with reipect to the feeding. Their crime, i.e. wlth cespact to the blinding 
btattt. ThBÍT pcodnci, i.e. wilh reBpect to the swarming. In the 
idg, i.e. foc the people ot the tour lnodB wbiifa era luxt band to Chem. 
itled, Le. these nre enlltled to geC value foc tbeir 'deoIúlh'-ri>hl ur 
I the value ot ' deolsidh '-clght íb due to thein «ithont aiiy price eicept conínmiiig. 
le periods ot their exemption, !.«■ aíter tbe pirticalar timednrÍDg 
f Which bM9 are in freedom (afmptjTomfina). 

F finef, for no fence csn be put agunit tbem though thej' ma; mmmit troapaiMB of 

io-teniuicj, and tbeae are not tbe pledgea tbnt are farrdted therran, bnt the ' Cahl 

CtuBC,' 'tbe longiug of disejue' and tbe 'ollabmig doI' for a peciod ot tíaee J'urs; 

or, Cbe pledge that le cight hece U one eqoa! to the 'Cain CuÍBO,' i.e. that 'amacht- 

flnei of co-tenancf ' should Bccamnlate npon tbem after giTing these pledges tor them 

' ai well aífDrathecanlmala; oc, the 'Caln Cuisc' 'tbelODgiagoidÍBeue' and 'olla- 

I braig nai; ' and thst the three ahonld be given to everjlond, octlutonly oneof tbem 

l •hould be gÍTen to everj land, and that Chongh greaC maf be the numlier 0/ lanii- 

iolderi in Gach land, only tbii pcopoction ÍB due to them all doring the pecfod of tbret 

yean; and the ficst pereon who Btauds in need ot Ibem in Ihe land b to get 11, and 

tbaugh many in the lond Bhould Etand in need of It al the Bame time, Choy can 

get 0Dly this proportion. " 



^^K 



164 be( 

"- CTp, TiLesaic beich .111. HmTiaii ftiip,e, cipe Utf 
Tiai'DsetiecaTi; bliaDaiii a ■Dnnrcen, bliTíaiii a fewl, 
blmTxiiTi a fiU Wi Tilesaii: iti ceca|iT)oic fin ni Txiib 
achc a chain cuirc, na allabiiig nate, no niiann njalaipi 
co reofia blta'Dan a fTJijie, cipe Lap a nairligeTiiceji, afi 
o clia na ceoíia bLmTJna iniijii fin, if fop tiinTi oipssne 
foce|ic na fmactica fo. Hocbi aclic iin fois in'D 
otjinsne, an iio faig bo co eciiuT) pn, ingilc, tw f aij 
in becTi oc ceccLama'D a rIioiiai"D. O ca na ceopa 
bLiaTína, •DLegaic in cecbaiiTioic pn cifie bef T)a 
neffom T)eoLaiT) T)oib ; aiLic a foicbib a cob'Daitib 
cp,icli,ap.in fuLatnsnecIi TieoLoiTi T^eoLam Tiia LaiLia la 
peine ; ap. ip qtif pnciu in f confoT)Laicep fo cíiobnaili 
quch. 



H t)Le05an) beii beitli iie i\e rjii mbliQrecm 
necdfi .1. cibe laif í tiseínenTi |ícro 511 mt 
ln bltcrtinin i cuipnsenti pcro .1. ín c*t> 
bt.ianaiti pn- 0!,iiiT>niii a ipeoil .t. bltaT«iin i mi fBaiLI, T>ib, \n 
blioTiain cnnaij^. uLiaT>ain a j-iL .1. in blrianoir a pUim> poTJi if om 
cneai' bLiuDain. Ili nlpsaic in cechaTn)oic yin.i. 11050 'oleasctm. 

'Their brrrding, — The >gc af tbe W ú estimat«<l b; GermaD Bplariuu M one 
jMT, but Hniah ■haw> tlut a qneen-bee liree sometimM foar yt»n. See Hwúi, 
" Nltnie, EwnDm;, uid Practical MuugemeBt of Beet," 2Dd edicion, Londun, 
1817, pp. 24G, 249, 249. 

' XcíorJÍBj (a íAe dÍBÍiion oftíit Uutd.—'Dt. O'Donovsn remarlui hEre; — 

"Fram tbeee texta uid gloueeit >ppe«rs th*t the penon vho rewed bee^ 
wus obliged afto the third ^rear to ehare ibeir hoDey wíth the ndghbonra 
irho leeided in the foui toirnlaniii iying aroaDd him in ererj direction, tbst 
(luring the flrst three yean somo of tho hoBoj iriu due ta bícIi permu ■nd 
lo ceitBÍn dignitariea, as an 'olIaTe'-poet, a bishop, pnifeaior of literatare, &.c, 
who iiiay lÍTi) witbin or bappen to bs on ■ Tiait in a,nj of the four town)a.iida 
wtiich wero enUtled to tbe prodncc of the lieea, 

The qaantit}- of bone/ lo be givFH ont tor these three claesea of pcnona 
wu proportioned to (hat prodnced tij tbe beee. II the prodace of tha facM 
arnoimtod V) the foU of a '■□ilch'-raw Teuel,' Í.e. > Tcasel whieh «hrn foll s tama 
of ordinnr^ itrength could fBÍM lo thí heÍRhl of hia tnee, thej shall gel lialf th* 
fuiJ ol an 'eBcia,' if thpj prodnce the full of a 'MmliaÍM'-hcÍfer rcasol, which * 



BEB-JUDGMENT3. 



165 



For 



I 



re entitled to three jeara' esemption, b 
■witli whomaoever they are produced ; the year of 
their production, the year when they are few, tho year 
of their breeding.' TJie people of these four lauds 
are not entitled to anything but according to the 
'Cain Cuisc,' or 'allabrig naie,' or 'the longing of 
disease,' until the end of the three yeara of their 
esemption, with whomsoever tliej are produced, for 
from these three years of exemption out, it ia according 
to the injurj that these ' smacht '-fines are imposed. 
It is only as the injury requires, for aa long as tho 
cow requirea grazing until millíing time, so long does 
the bee require to gather its produce. From the 
three years out, the four lands that are next them 
are entitled to get a gratis share, they are entitled 
to a share of the awarms according to the divisions 
of the land, for no one entitled to a gratuity ia liable 
to a gratuity to another with the Feini ; for this is 
the third tribe-property which is divided according 
to the diviaions of the lands," 

ToT beea are enlitled, i.e. for (A« oumm ^bees aie eiililleil to be B iwríoil 
tl thiee jean 'm ezempliou. Witli whomsoevor they are produced, i.it. 
vitb whomsoever Ihe; are generited quicUj' or lawlull}-. The yeai ef thtir 
jnWuclíon, i.fl. the fear lu wliÍEh thej' geDerftto, i.c the flrst yesr. The yesr 
when thaj «rfl few, Le. tbe ye«r in which lierB ue but lew o( tbeni, Le. 
the aecond j'usr. The year o( theic hreedlag, Le. the jeu in which thejr 
bnecl,! tho tbini jew, Tht pteplt ef the four IbuJs, Le. tbe peonle ol 

mad can raise lo liig navel, tliey shall ^'et oDe'third of an 'escra;' if lbey produca 
tbe full o( ■ 'colpthao '■boifor Teesel, wbich ■ ipflD can ruse sn higb ai bit loiiia, 
tlioy >hBll get oue-fonrth of an'eacta.'if lhi'y produce a 'dniit'-heiíer vcnel, 
which a maii can raise over hit huad, tbej shali get the one-lilth iif au 'escia.' 

' TSfstar inwAieA tAi5Íre«i,iA«tíir(Jy«or. Ou IhÍaDr.O'DoaoTanobaerveB; — 
It ia difhcull now to delennine wbat induced the aatbor of thia iaw tu suppuae that 
re tbree ^eara old whou they began to breed. The age of the bee ia eatimated 
ri>ytheGermauapiariuu at ono yeai, aud they holdit as nudoabted Ihal Lhe qneeu 
of tho praaent year ia not lo be fonnd in Ihe hive tho following year, ITie aga of the 
eranmonbeeiaestiioat